This Part shall apply where a Federal, State or local incarcerated person under sentence for conviction of a crime who is seeking to commence a civil action or proceeding, other than a proceeding brought under CPLR article 78 that alleges a failure to correctly award or certify jail time credit due an incarcerated person, brings a motion for permission to proceed as a poor person pursuant to article 11 of the Civil Practice Law and Rules ("CPLR"). For purposes of this Part:
N.Y. Comp. Codes R. & Regs. Tit. 22 § 140.1