Title CVP, Civil Practice Law & Rules

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

§ 7512. Death or incompetency of a party. Where a party dies after\nmaking a written agreement to submit a controversy to arbitration, the\nproceedings may be begun or continued upon the application of, or upon\nnotice to, his executor or administrator or, where it relates to re…

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

§ 7514. Judgment on an award. (a) Entry. A judgment shall be entered\nupon the confirmation of an award.\n (b) Judgment-roll. The judgment-roll consists of the original or a\ncopy of the agreement and each written extention of time within which to\nmake an award; the statement r…

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

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

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

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

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

§ 7553. Costs of the proceeding. The administrative expense of\narbitrations shall be paid from the arbitration administration fund\nestablished pursuant to section five thousand six hundred three of the\ninsurance law.\n

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

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

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

§ 7557. Reparation offers; denials of liability. All communications\nincidental to settlement made orally or in writing by any party shall\nnot be disclosed to the arbitration panel, unless all parties consent to\nsuch disclosure.\n

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

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

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

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

§ 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\nbriefs be submitted within thirty days after the close of hearings. In\nwritten briefs each party may summarize the evidence and testimony and\nmay propose a comprehensive award of compensatory elements.\n (b…

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

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

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

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

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

§ 7703. Joinder and representation of persons interested in trust\nproperty. The provisions as to joinder and representation of persons\ninterested in estates as provided in the surrogate's court procedure act\nshall govern joinder and representation of persons interested in exp…

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

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

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

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

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

§ 7803. Questions raised. The only questions that may be raised in a\nproceeding under this article are:\n 1. whether the body or officer failed to perform a duty enjoined upon\nit by law; or\n 2. whether the body or officer proceeded, is proceeding or is about to\nproceed witho…

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

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

§ 7806. Judgment. The judgment may grant the petitioner the relief to\nwhich he is entitled, or may dismiss the proceeding either on the merits\nor with leave to renew. If the proceeding was brought to review a\ndetermination, the judgment may annul or confirm the determination …

§ 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\nstenographer is entitled, for a copy fully written out from his or her\nstenographic notes of testimony or other proceedings taken in a court,\nand furnished upon request to a party or his or her attorney, to the fee\ns…

§ 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\nwhere otherwise prescribed by statute, is entitled to such commissions,\nnot exceeding five per cent upon the sums received and disbursed by him,\nas the court by which he is appointed allows, but if in any cas…

§ 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,\nguardian, trustee, committee, conservator or person appointed under\nsection one hundred eleven of the real property law or under section\ntwenty of the personal property law, required by law to give an\nund…

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

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

§ 8009. Oaths; acknowledgments; certification or exemplification. Any\nauthorized officer is entitled, for the services specified, to the\nfollowing fees:\n 1. for administering an oath or affirmation, and certifying it when\nrequired, except where another fee is specially presc…

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

§ 8011. Fixed fees of sheriffs. For the services specified, a sheriff\nis entitled to the following fees and, where indicated, these shall be\npaid in advance.\n (a) Order of attachment.\n 1. For receiving an order of attachment, entering it in the\nappropriate books, and return…

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

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

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

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