Title CVP, Civil Practice Law & Rules

§ 7511. Vacating or modifying award. (a) When application made. An application to vacate or modify an award may be made by a party within ninety days after its delivery to him. (b) Grounds for vacating. 1. The award shall be vacated on the application of a party who either parti…

§ 7512. Death or incompetency of a party. Where a party dies after making a written agreement to submit a controversy to arbitration, the proceedings may be begun or continued upon the application of, or upon notice to, his executor or administrator or, where it relates to real …

§ 7513. Fees and expenses. Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including attorney's fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. The court, on …

§ 7514. Judgment on an award. (a) Entry. A judgment shall be entered upon the confirmation of an award. (b) Judgment-roll. The judgment-roll consists of the original or a copy of the agreement and each written extention of time within which to make an award; the statement requir…

§ 7515. Mandatory arbitration clauses; prohibited. (a) Definitions. As used in this section: 1. The term "employer" shall have the same meaning as provided in subdivision five of section two hundred ninety-two of the executive law. 2. The term "prohibited clause" shall mean any …

§ 7516. Confirmation of an award based on a consumer credit transaction. In any proceeding under section 7510 of this article to confirm an award based on a consumer credit transaction, the party seeking to confirm the award shall plead the actual terms and conditions of the agr…

§ 7550. Definitions. As used in this article: (a) "Arbitration administrator" means an entity designated by the superintendent of financial services to administer the arbitration of disputes pursuant to this article. (b) "Hospital" has the same meaning as is set forth in subdivi…

§ 7551. Applicability. The provisions of this article shall apply to all claims for damages because of injury or death resulting from health care or treatment rendered or failed to be rendered to enrollees and other covered family members of health maintenance organizations and …

§ 7552. Health care arbitration proceedings. (a) Proceedings pursuant to this article shall be commenced and conducted in accordance with article seventy-five of this chapter, except as otherwise provided by this article, and in accordance with rules promulgated by the arbitrati…

§ 7553. Costs of the proceeding. The administrative expense of arbitrations shall be paid from the arbitration administration fund established pursuant to section five thousand six hundred three of the insurance law.

§ 7554. Selection of arbitrators. (a) An arbitration under this article shall be heard by a panel of three arbitrators. The chairperson of the panel shall be an attorney who shall be appointed to serve in such capacity on a full-time basis for a fixed term. The chairperson shall…

§ 7555. Screening for bias; communication with arbitrator candidates. (a) Prior to inclusion on a list of proposed associate arbitrators, the arbitration administrator shall make an appropriate initial screening for bias and shall require associate arbitrator candidates for a pa…

§ 7556. Demand for arbitration; minors; consolidation of proceedings. (a) Any person subject to an arbitration agreement may seek to compel arbitration, pursuant to section seventy-five hundred three or section thirty hundred forty-five of this chapter. (b) Notwithstanding the p…

§ 7557. Reparation offers; denials of liability. All communications incidental to settlement made orally or in writing by any party shall not be disclosed to the arbitration panel, unless all parties consent to such disclosure.

§ 7558. Depositions and discovery; rules of the arbitration administrator; adjournments. (a) After the appointment of the panel of arbitrators and notwithstanding inconsistent provisions of sections four hundred eight and three thousand one hundred two of this chapter, the parti…

§ 7559. Hearing; evidence; record; neutral experts. (a) An arbitration hearing shall be informal and the rules of evidence shall be those applicable to arbitrations conducted pursuant to article seventy-five of this chapter. (b) Testimony at the hearing shall be taken under oath…

§ 7560. Subpoenas. The chairperson of the panel and any attorney of record in the proceeding has the power to issue subpoenas, in accordance with section seventy-five hundred five of this chapter.

§ 7561. Use of depositions; enforcement of discovery procedures. (a) On application of a party to the arbitration, the chairperson may permit the deposition of a witness to be used as evidence, in accordance with the provisions of rule three thousand one hundred seventeen of thi…

§ 7562. Witnesses' fees and mileage; arbitrators' fees and expenses.\n(a) Except for the parties to the arbitration and their agents,\nofficers, and employees, all witnesses appearing pursuant to subpoena\nare entitled to receive fees and mileage in the same amount and under\nth…

§ 7563. Briefs; award; decision. (a) The panel may order that written briefs be submitted within thirty days after the close of hearings. In written briefs each party may summarize the evidence and testimony and may propose a comprehensive award of compensatory elements. (b) The…

§ 7564. Form of decision; costs upon frivolous claims and counterclaims. (a) The decision in the arbitration proceeding shall be in the form required by sections seven thousand five hundred seven and four thousand two hundred thirteen of this chapter and shall be filed with the …

§ 7565. Modification and judicial review of decision. A decision of a panel of arbitrators shall be binding on all parties, unless modified or vacated pursuant to section seven thousand five hundred nine or seven thousand five hundred eleven of this chapter.

§ 7601. Special proceeding to enforce agreement that issue or controversy be determined by a person named or to be selected. A special proceeding may be commenced to specifically enforce an agreement that a question of valuation, appraisal or other issue or controversy be determ…

§ 7701. Special proceeding relating to express trust. A special proceeding may be brought to determine a matter relating to any express trust except a voting trust, a mortgage, a trust for the benefit of creditors, a trust to carry out any plan of reorganization of real property…

§ 7702. Verified account accompanying petition. A petition by a trustee praying that his intermediate or final account be judicially settled shall be accompanied by an account verified in the form required by section twenty-two hundred nine of the surrogate's court procedure act…

§ 7703. Joinder and representation of persons interested in trust property. The provisions as to joinder and representation of persons interested in estates as provided in the surrogate's court procedure act shall govern joinder and representation of persons interested in expres…

§ 7704. Reference. No referee shall be appointed to examine and audit a trustee's account, or to hear and report on or to determine any questions arising upon the settlement of such account, where: 1. a question of law exclusively is involved; or 2. no objections have been filed…

§ 7705. Recording or filing instrument settling account. There may be recorded or filed in the office of the clerk or register of the county where any trustee under an express trust not created by will, if an individual, resides, or, if a corporation, has its principal office, a…

§ 7706. Order on filing instrument settling account. Where an instrument described in section seven thousand seven hundred five of this article has been executed by all of the persons who would be necessary parties in a proceeding under section seven thousand seven hundred one o…

§ 7801. Nature of proceeding. Relief previously obtained by writs of certiorari to review, mandamus or prohibition shall be obtained in a proceeding under this article. Wherever in any statute reference is made to a writ or order of certiorari, mandamus or prohibition, such refe…

§ 7802. Parties. (a) Definition of "body or officer". The expression "body or officer" includes every court, tribunal, board, corporation, officer, or other person, or aggregation of persons, whose action may be affected by a proceeding under this article (b) Persons whose terms…

§ 7803. Questions raised. The only questions that may be raised in a proceeding under this article are: 1. whether the body or officer failed to perform a duty enjoined upon it by law; or 2. whether the body or officer proceeded, is proceeding or is about to proceed without or i…

§ 7804. Procedure. (a) Special proceeding. A proceeding under this article is a special proceeding. (b) Where proceeding brought. A proceeding under this article shall be brought in the supreme court in the county specified in subdivision (b) of section 506 except as that subdiv…

§ 7805. Stay. On the motion of any party or on its own initiative, the court may stay further proceedings, or the enforcement of any determination under review, upon terms including notice, security and payment of costs, except that the enforcement of an order or judgment grante…

§ 7806. Judgment. The judgment may grant the petitioner the relief to which he is entitled, or may dismiss the proceeding either on the merits or with leave to renew. If the proceeding was brought to review a determination, the judgment may annul or confirm the determination in …

§ 8001. Persons subpoenaed; examination before trial; transcripts of\nrecords. (a) Persons subpoenaed. Any person whose attendance is\ncompelled by a subpoena, whether or not actual testimony is taken, shall\nreceive for each day's attendance fifteen dollars for attendance fees\…

§ 8002. Stenographers. Unless otherwise provided by law, a stenographer is entitled, for a copy fully written out from his or her stenographic notes of testimony or other proceedings taken in a court, and furnished upon request to a party or his or her attorney, to the fee set f…

§ 8003. Referees. (a) Generally. A referee is entitled, for each day\nspent in the business of the reference, to three hundred fifty dollars\nunless a different compensation is fixed by the court or by the consent\nin writing of all parties not in default for failure to appear o…

§ 8004. Commissions of receivers. (a) Generally. A receiver, except where otherwise prescribed by statute, is entitled to such commissions, not exceeding five per cent upon the sums received and disbursed by him, as the court by which he is appointed allows, but if in any case t…

§ 8005. Commissions of trustees; advance payment of fees of an\nattorney-trustee. A trustee of an express trust shall be entitled to\ncommissions and the allowance of his expenses and compensation and, if\nhe be an attorney admitted to practice in this state, to the allowance\no…

§ 8006. Premiums on undertakings by fiduciaries. A receiver, assignee, guardian, trustee, committee, conservator or person appointed under section one hundred eleven of the real property law or under section twenty of the personal property law, required by law to give an underta…

§ 8007. Printers. Except where otherwise prescribed by law, the proprietor of a newspaper is entitled for publishing a summons, notice, order or other advertisement, required to be published by law or by the order of any court, or of the clerk of a court, to twenty-nine cents pe…

§ 8008. Fees and expenses of officer to be paid before transmission of paper. Each provision of law requiring a judge, clerk or other officer to transmit a paper to another officer, for the benefit of a party, is to be construed as requiring the transmission only at the request …

§ 8009. Oaths; acknowledgments; certification or exemplification. Any authorized officer is entitled, for the services specified, to the following fees: 1. for administering an oath or affirmation, and certifying it when required, except where another fee is specially prescribed…

§ 8010. County treasurers. The treasurer of a county or the commissioner of finance of the city of New York is entitled for the services specified to the following fees: 1. two per cent upon a sum of money paid out of court by him; 2. one-half of one per cent upon a sum of money…

§ 8011. Fixed fees of sheriffs. For the services specified, a sheriff is entitled to the following fees and, where indicated, these shall be paid in advance. (a) Order of attachment. 1. For receiving an order of attachment, entering it in the appropriate books, and return when r…

§ 8012. Mileage fees, poundage fees, additional compensation, and limitation on compensation of sheriffs. (a) Mileage fees. A sheriff is entitled to the current federal internal revenue service mileage reimbursement rate for each mile necessarily travelled in performing the foll…

§ 8013. Expenses of sheriffs. (a) Publication of notice of sale. A sheriff, where real property is to be sold by virtue of an execution or in pursuance of a direction contained in a judgment, is entitled to reimbursement for printer's fees, paid by him for the publication of a n…

§ 8014. Collection of sheriff's fees on execution. The fees of a sheriff, upon an execution against property, which are not required by statute to be paid by a particular person and which are not included in the bill of costs of the party in whose favor the execution is issued, …

§ 8015. County clerk where sheriff is a party or otherwise disqualified. A county clerk is entitled for the services specified to the following fees: 1. for performing any duty of a sheriff in an action in which the sheriff, for any cause, is disqualified, the same compensation …