N.Y. C.P.L.R. 1102
Privileges of party with insufficient means to pay costs, fees, and expenses in an action or on appeal
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2025
As of January 1, 2015
§ 1102. Privileges of poor person. (a) Attorney. The court in its\norder permitting a person to proceed as a poor person may assign an\nattorney.\n (b) Stenographic transcript. Where a party has been permitted by order\nto appeal as a poor person, the court clerk, within two days after the\nfiling of said order with him, shall so notify the court stenographer,\nwho, within twenty days of such notification shall make and certify two\ntypewritten transcripts of the stenographic minutes of said trial or\nhearing, and shall deliver one of said transcripts to the poor person or\nhis attorney, and file the other with the court clerk together with an\naffidavit of the fact and date of such delivery and filing. The expense\nof such transcripts shall be a county charge or, in the counties within\nthe city of New York, a city charge, as the case may be, payable to the\nstenographer out of the court fund upon the certificate of the judge\npresiding at the trial or hearing. A poor person may be furnished with a\nstenographic transcript without fee by order of the court in proceedings\nother than appeal, the fee therefor to be paid by the county or, in the\ncounties within the city of New York by the city, as the case may be, in\nthe same manner as is paid for transcripts on appeal. Notwithstanding\nthis or any other provision of law, fees paid for stenographic\ntranscripts with respect to those proceedings specified in paragraph (a)\nof subdivision one of section thirty-five of the judiciary law shall be\npaid by the state in the manner prescribed by subdivision four of\nsection thirty-five of the judiciary law.\n (c) Appeals. On an appeal or motion for permission to appeal a poor\nperson may submit typewritten briefs and appendices, furnishing one\nlegible copy for each appellate justice.\n (d) Costs and fees. A poor person shall not be liable for the payment\nof any costs or fees unless a recovery by judgment or by settlement is\nhad in his favor in which event the court may direct him to pay out of\nthe recovery all or part of the costs and fees, a reasonable sum for the\nservices and expenses of his attorney and any sum expended by the county\nor city under subdivision (b).\n
§ 1102. Privileges of party with insufficient means to pay costs,\nfees, and expenses in an action or on appeal. (a) Attorney. Where a\ncourt grants a motion pursuant to subdivision (a) of section one\nthousand one hundred one of this article, the court, in its order\ndetermining the motion, may assign an attorney to the moving party.\n (b) Stenographic transcript. Where a court grants a motion pursuant to\nsubdivision (a) of section one thousand one hundred one of this article,\nthe court clerk, within two days after the filing of such court's order\nwith the court clerk, shall so notify the court stenographer, who,\nwithin twenty days of such notification shall make and certify two\ntypewritten transcripts of the stenographic minutes of said trial or\nhearing, and shall deliver one of said transcripts to the moving party\nor such moving party's attorney, and file the other with the court clerk\ntogether with an affidavit of the fact and date of such delivery and\nfiling. The expense of such transcripts shall be a county charge or, in\nthe counties within the city of New York, a city charge, as the case may\nbe, payable to the stenographer out of the court fund upon the\ncertificate of the judge presiding at the trial or hearing. A moving\nparty may be furnished with a stenographic transcript without fee by\norder of the court in proceedings other than appeal, the fee therefor to\nbe paid by the county or, in the counties within the city of New York by\nthe city, as the case may be, in the same manner as is paid for\ntranscripts on appeal. Notwithstanding this or any other provision of\nlaw, fees paid for stenographic transcripts with respect to those\nproceedings specified in paragraph a of subdivision one of section\nthirty-five of the judiciary law shall be paid by the state in the\nmanner prescribed by subdivision four of section thirty-five of the\njudiciary law.\n (c) Appeals. On an appeal or motion for permission to appeal where a\ncourt grants a motion pursuant to subdivision (a) of section one\nthousand one hundred one of this article, the moving party may submit\ntypewritten briefs and appendices, furnishing one legible copy for each\nappellate justice.\n (d) Costs and fees. Where a court grants a motion pursuant to\nsubdivision (a) of section one thousand one hundred one of this article,\nthe moving party shall not be liable for the payment of any costs or\nfees unless a recovery by judgment or by settlement is had in such\nmoving party's favor, in which event the court may direct such party to\npay out of the recovery all or part of the costs and fees, a reasonable\nsum for the services and expenses of any attorney assigned to such party\nand any sum expended by the county or city under subdivision (b) of this\nsection.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.