N.Y. NYS Project Finance Agency Act7/75 § 21: Certain special proceedings

§ 21. Certain special proceedings.

In the event that the agency or the corporation shall have occasion at

any time to seek declaratory relief in the courts with respect to any

matters relating to transactions contemplated by this act, any request

for such relief shall be brought as a special proceeding and conducted

in accordance with article four of the civil practice law and rules. Any

such special proceeding shall be preferred over all other civil causes

except election causes in all courts of the state of New York and shall

be heard and determined in preference to all other civil business

pending therein except election causes, irrespective of position on the

calendar. In any such special proceeding, the court hearing the matter

shall have authority in its discretion to award, as against the agency

or the corporation, the reasonable counsel fees and expenses of a party

or intervenor opposing such declaratory relief, based on the court's

determination as to the contribution made to the sound and orderly

resolution of the proceeding by the participation of such party or

intervenor therein, and the court hearing the matter may in its

discretion appoint counsel to represent a class of persons having

interests in opposition to such declaratory relief being sought and may

award reasonable counsel fees and expenses as aforesaid on account of

such representation.