N.Y. Civil Practice Law & Rules § 8602: Definitions

§ 8602. Definitions. For the purpose of this article:

(a) "Action" means any civil action or proceeding brought to seek

judicial review of an action of the state as defined in subdivision (g)

of this section, including an appellate proceeding, but does not include

an action brought in the court of claims.

(b) "Fees and other expenses" means the reasonable expenses of expert

witnesses, the reasonable cost of any study, analysis, consultation with

experts, and like expenses, and reasonable attorney fees, including fees

for work performed by law students or paralegals under the supervision

of an attorney incurred in connection with an administrative proceeding

and judicial action.

(c) "Final judgment" means a judgment that is final and not

appealable, and settlement.

(d) "Party" means (i) an individual whose net worth, not including the

value of a homestead used and occupied as a principal residence, did not

exceed fifty thousand dollars at the time the civil action was filed;

(ii) any owner of an unincorporated business or any partnership,

corporation, association, real estate developer or organization which

had no more than one hundred employees at the time the civil action was

filed, (iii) any organization described in section 501(c)(3) of the

Internal Revenue Code of 1954 (26 U.S.C. 501(c)(3)) exempt from taxation

under section 501(a) of such Code regardless of the number of employees.

(e) "Position of the state" means the act, acts or failure to act from

which judicial review is sought.

(f) "Prevailing party" means a plaintiff or petitioner in the civil

action against the state who prevails in whole or in substantial part

where such party and the state prevail upon separate issues.

(g) "State" means the state or any of its agencies or any of its

officials acting in his or her official capacity.