N.Y. Comp. Codes R. & Regs. tit. 22 § 127.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 127.2 - Compensation of counsel and other providers of services in extraordinary circumstances

(a) Whenever an attorney, psychiatrist, psychologist, physician or social worker, or a person providing investigative, expert or other services, seeks compensation in excess of the statutory limits prescribed by article 18-B of the County Law or section 35 of the Judiciary Law, because of extraordinary circumstances, he or she shall submit with his or her claim a detailed affidavit stating the nature of the proceeding, the manner in which the time was expended, the necessity therefor, and all other facts that demonstrate extraordinary circumstances. If the claim is by an attorney, the attorney shall state the disposition of the matter.

(b) The order of the trial judge with respect to a claim for compensation in excess of the statutory limits may be reviewed by the appropriate administrative judge, with or without application, who may modify the award if it is found that the award reflects an abuse of discretion by the trial judge. Any order modifying a trial judge's award shall be in writing.

(c) An application for review may be made by any person or governmental body affected by the order.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 127.2