If the state appeals an award made pursuant to this section and the award is affirmed in whole or in part, interest shall be paid on the amount of the award. Such interest shall run from the date of the award through the day before the date of the affirmance.
§ 8603.Interest.
Article 86. Counsel Fees and Expenses in Certain Actions Against the State · Last amended 1990 · Last verified July 21, 2026
In one sentenceSection 8603 requires interest to be paid on a counsel-fee award under Article 86 if the state appeals the award and it is affirmed, running from the date of the award through the day before the affirmance.
Full Text of CPLR 8603
Plain-English Summary
Section 8603 addresses what happens when the state appeals a fee award made under Article 86 and loses the appeal, in whole or in part. In that situation, interest must be paid on the amount of the award. The section fixes the interest period precisely: it runs from the date of the award through the day before the date the appellate court affirms it.
The rule is narrow. It speaks only to the appeal scenario, compensating the prevailing party for the delay caused by the state's unsuccessful challenge to an award it already owed.
Frequently Asked Questions
When does interest become payable under section 8603?
Only if the state appeals a fee award made under Article 86 and the award is affirmed, in whole or in part, on that appeal.
Over what period does the interest run?
From the date of the award through the day before the date of the affirmance.
Does interest apply if the state does not appeal the award?
Section 8603 addresses only the case where the state appeals and the award is affirmed; it does not speak to interest where no appeal is taken.
What if the appellate court reverses the award instead of affirming it?
Section 8603 conditions interest on the award being affirmed in whole or in part, so a reversal falls outside what the section provides for.
Is the interest under section 8603 automatic once the award is affirmed?
The section states that interest shall be paid on the amount of the award once it is affirmed on the state's appeal, without requiring a separate application.
Amendment History
Add, L 1989, ch 770, § 1, eff April 1, 1990.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: interest on counsel fee award against the stateCPLR 8603 interest on appealArticle 86 interest on affirmed fee awardCPLR 8603 interest calculation