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| PART 26. Filing Of Statements |
| Commercial
reuse of the Rules as they appear on this web site is
prohibited. The official version of the Rules published
in the NYCRR is available on Westlaw. |
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26.1 General
26.2 Filing of statements by judges
26.3 Fixing amount of compensation
26.4 Request for information regarding filed
statements
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| Section
26.1 General.
(a) This section applies to any appointments made by a court
including but not limited to appraiser, special guardian,
guardian ad litem, guardian, referee, counsel, special referee,
special examiner, conservator, committee of incompetent, court
evaluator or counsel for an incapacitated person appointed
pursuant to article 81 of the Mental Hygiene Law, or receiver,
and in connection with which fees of more than $500 for the
services performed have been awarded.
(b) This section shall not apply to attorneys appointed
to a court to represent indigent persons pursuant to article
18-B of the County Law, section 35 of the Judiciary Law, or
section 407 of the Surrogate's Court Procedure Act, or to
law guardians appointed pursuant to the Family Court Act;
but in the case of referees or court examiners appointed pursuant
to section 78.25 or 81.32 of the Mental Hygiene Law, a statement
shall be filed with the Administrative Office of the Courts,
annually, by the judge or special referee who approved compensation
for those services.
Historical Note
Sec. repealed, new filed Feb. 2, 1982; amds. filed: Sept.
24, 1993; Oct. 18, 2000; April 2, 2002; Nov. 22, 2002 eff.
June 1, 2003. Amended (a)-(b), repealed (c).
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| Section
26.2 Filing of statements by judges.
Any judge or justice who
has approved compensation of more than $500 to a court appointee
shall file with the administrative office for the courts,
on the first business day of the week following approval,
a statement of compensation on a form authorized by the Chief
Administrator of the Courts.
Historical Note
Sec. repealed, new filed Feb. 2, 1982; amds. filed: Oct. 18,
2000; Nov. 22, 2002 eff. June 1, 2003. |
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| Section
26.3 Fixing amount of compensation.
The judge or justice approving
compensation shall certify that the compensation approved
is fixed by statute or, if not, is a reasonable award for
the services rendered by the appointee. If the fee for services
performed is fixed by statute, the judge or justice shall
specify the statutory fee and the section of the statute authorizing
the payment of the fee.
Historical Note
Sec. repealed, new filed Feb. 2, 1982; amd. filed Sept. 24,
1993; repealed, new added by renum. 26.4, filed Nov. 22, 2002
eff. June 1, 2003. |
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| Section
26.4 Request for information regarding filed statements.
A request
for information regarding a filed statement must be made to
the Office of Court Administration, Statement of Approval
of Compensation, P.O. Box 3171, Church Street Station, New
York, NY 10008, in writing, specifying the information desired.
Historical Note
Sec. amd. filed Oct. 23, 1973; repealed, new filed Feb. 2,
1982; renum. 26.3, new added by renum. and amd. 26.5, filed
Nov. 22, 2002 eff. June 1, 2003. |
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| Section
26.5 [Renumbered]
Historical Note
Sec. repealed, new filed Feb. 2, 1982; amds. filed: May 4,
1988; Oct. 18, 2000; renum. 26.4, filed Nov. 22, 2002 eff.
June 1, 2003. |
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