Legislation
SECTION 21
Certain special proceedings
NYS Project Finance Agency Act 7/75 (NYP) CHAPTER 7
§ 21. Certain special proceedings.
In the event that the agency or the corporation shall have occasion at
any time to seek declaratory relief in the courts with respect to any
matters relating to transactions contemplated by this act, any request
for such relief shall be brought as a special proceeding and conducted
in accordance with article four of the civil practice law and rules. Any
such special proceeding shall be preferred over all other civil causes
except election causes in all courts of the state of New York and shall
be heard and determined in preference to all other civil business
pending therein except election causes, irrespective of position on the
calendar. In any such special proceeding, the court hearing the matter
shall have authority in its discretion to award, as against the agency
or the corporation, the reasonable counsel fees and expenses of a party
or intervenor opposing such declaratory relief, based on the court's
determination as to the contribution made to the sound and orderly
resolution of the proceeding by the participation of such party or
intervenor therein, and the court hearing the matter may in its
discretion appoint counsel to represent a class of persons having
interests in opposition to such declaratory relief being sought and may
award reasonable counsel fees and expenses as aforesaid on account of
such representation.
In the event that the agency or the corporation shall have occasion at
any time to seek declaratory relief in the courts with respect to any
matters relating to transactions contemplated by this act, any request
for such relief shall be brought as a special proceeding and conducted
in accordance with article four of the civil practice law and rules. Any
such special proceeding shall be preferred over all other civil causes
except election causes in all courts of the state of New York and shall
be heard and determined in preference to all other civil business
pending therein except election causes, irrespective of position on the
calendar. In any such special proceeding, the court hearing the matter
shall have authority in its discretion to award, as against the agency
or the corporation, the reasonable counsel fees and expenses of a party
or intervenor opposing such declaratory relief, based on the court's
determination as to the contribution made to the sound and orderly
resolution of the proceeding by the participation of such party or
intervenor therein, and the court hearing the matter may in its
discretion appoint counsel to represent a class of persons having
interests in opposition to such declaratory relief being sought and may
award reasonable counsel fees and expenses as aforesaid on account of
such representation.