N.Y. Civil Practice Law & Rules § 8601: Fees and other expenses in certain actions against the state

§ 8601. Fees and other expenses in certain actions against the state.

(a) When awarded. In addition to costs, disbursements and additional

allowances awarded pursuant to sections eight thousand two hundred one

through eight thousand two hundred four and eight thousand three hundred

one through eight thousand three hundred three of this chapter, and

except as otherwise specifically provided by statute, a court shall

award to a prevailing party, other than the state, fees and other

expenses incurred by such party in any civil action brought against the

state, unless the court finds that the position of the state was

substantially justified or that special circumstances make an award

unjust. Whether the position of the state was substantially justified

shall be determined solely on the basis of the record before the agency

or official whose act, acts, or failure to act gave rise to the civil

action. Fees shall be determined pursuant to prevailing market rates for

the kind and quality of the services furnished, except that fees and

expenses may not be awarded to a party for any portion of the litigation

in which the party has unreasonably protracted the proceedings.

(b) Application for fees. A party seeking an award of fees and other

expenses shall, within thirty days of final judgment in the action,

submit to the court an application which sets forth (1) the facts

supporting the claim that the party is a prevailing party and is

eligible to receive an award under this section, (2) the amount sought,

and (3) an itemized statement from every attorney or expert witness for

whom fees or expenses are sought stating the actual time expended and

the rate at which such fees and other expenses are claimed.