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New York · Through 2026-09-11

N.Y. Judiciary Law § 35-a: Statements to be filed by judges or justices fixing or approving fees, commissions, or other compensation for persons appointed by courts...

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  1. Judiciary Law
  2. Article 2. General Provisions Relating to Courts and Judges

§ 35-a. Statements to be filed by judges or justices fixing or

approving fees, commissions, or other compensation for persons appointed

by courts to perform services in actions and proceedings. 1. (a) On the

first business day of each week any judge or justice who has during the

preceding week fixed or approved one or more fees or allowances of more

than five hundred dollars for services performed by any person appointed

by the court in any capacity, including but not limited to appraiser,

special guardian, guardian ad litem, general guardian, referee, counsel,

special referee, auctioneer, special examiner, conservator, committee of

incompetent or receiver, shall file a statement with the office of court

administration on a form to be prescribed by the state administrator.

The statement shall show the name and address of the appointee, the

county and the title of the court in which the services of the appointee

were performed, the court docket index or file number assigned to the

action or proceeding, if any, the title of the action or proceeding, the

nature of the action or proceeding, the name of the judge or justice who

appointed the person, the person or interest which the appointee

represented, whether or not the proceeding was contested, the fee fixed

or approved by the judge or justice, the gross value of the subject

matter of the proceeding, the number of hours spent by the appointee in

performing the service, the nature of the services performed and such

other information relating to the appointment as the state administrator

shall require. The judge or justice shall certify that the fee,

commission, allowance or other compensation fixed or approved is a

reasonable award for the services rendered by the appointee, or is fixed

by statute. If the fee, commission, allowance or other compensation for

services performed pursuant to an appointment described in this section

is either specified as to amount by statute or fixed by statute as a

percentage of the value of the subject matter of the action or

proceeding, the judge or justice shall specify the statutory fee,

commission or allowance and shall specify the section of the statute

authorizing the payment of the fee, commission, allowance or other

compensation.

(b) Paragraph (a) shall not apply to any compensation awarded to

appointees assigned to represent indigent persons pursuant to Article

18-B of the county law, counsel assigned pursuant to section thirty-five

of the judiciary law or counsel appointed pursuant to the family court

act.

(c) Any judge or justice who fixes or approves compensation for

services performed by persons appointed as referees to examine accounts

of incompetents pursuant to section 78.25 of the mental hygiene law

shall file, annually, with the office of court administration a

statement containing such information regarding such appointments as the

state administrator shall require.

2. The office of court administration shall annually submit to the

appellate division of the supreme court in each of the judicial

departments of the state a report containing a summary of the

information contained in the statements filed with it pursuant to this

section by the judges and justices sitting in courts in that department

during the preceding year. Each appellate division of the supreme court

shall keep and file such reports and shall have power to make such rules

respecting the supervision of all such court appointees within its

judicial department as it may deem necessary.

3. The statements and reports required by this section shall be

matters of public record and available for public inspection. Each court

may permit the information contained therein to be made available for

publication at such times and in such manner as it may deem proper.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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