N.Y. Comp. Codes R. & Regs. tit. 22 § 1032.7

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

Section 1032.7 - Compensation

(a) An attorney for children seeking compensation for services rendered pursuant to Family Court Act, section 245 shall submit a claim for approval to the Family Court on forms authorized by the Chief Administrator of the Courts. The Family Court shall certify the claim, subject to appropriate modifications, and shall forward the claim to the Appellate Division for approval and certification to the Comptroller for payment. When a claim is received by the Appellate Division more than 90 days after the attorney for children has completed the assignment, the attorney for children shall provide an affidavit stating that the attorney for children has not been paid for the services rendered, that a claim has not been submitted previously, and the reasons why the claim was not received within the 90-day period. The Appellate Division may, in the exercise of its discretion, disapprove any claim not received with the 90-day period.

(b) Compensation in excess of the limits established by Family Court Act, section 245 and Judiciary Law section 35 shall not be approved absent a showing of extraordinary circumstances. An attorney for children submitting a claim for compensation in excess of the statutory limits shall submit, with the claim, an affidavit detailing the nature of the proceeding in which the services were rendered, the services rendered, the time expended, the expenses incurred and the facts that would support a finding of extraordinary circumstances. Absent such an affidavit, a fee in excess of the statutory limits shall not be approved.

(c) In determining whether there are extraordinary circumstances warranting compensation in excess of the statutory limits, the Family Court and the Appellate Division shall consider:

(1) whether the matter involved unusually complex factual or legal issues;

(2) whether a novel issue of law, which required extensive legal research was involved;

(3) whether a lengthy trial or other in-court proceedings were necessary; and

(4) any other unique or unusual circumstances.

The expenditure of time alone, however, shall not constitute an extraordinary circumstance.

(d) When an attorney for children anticipates that expenses, as authorized pursuant to Family Court Act, section 245 and Judiciary Law, section 35, will exceed $1,000, the attorney for children shall, before incurring such expenses, obtain approval of the Family Court and the Appellate Division.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 1032.7