The department of law shall file with the governor, the speaker of the assembly and the temporary president of the senate an annual report describing the number, nature and amount of each award in the previous fiscal year including the agency involved in each action, and other relevant information which might aid the legislature and the governor in evaluating the scope and impact of such awards.
§ 8604.Annual report.
Article 86. Counsel Fees and Expenses in Certain Actions Against the State · Last amended 2015 · Last verified July 21, 2026
In one sentenceSection 8604 requires the department of law to file an annual report with the governor and legislative leaders describing the number, nature, and amount of Article 86 fee awards from the previous fiscal year.
Full Text of CPLR 8604
Plain-English Summary
Section 8604 builds accountability into Article 86 by requiring public reporting. The department of law must file an annual report with the governor, the speaker of the assembly, and the temporary president of the senate. The report must describe the number, nature, and amount of each fee award made in the previous fiscal year, identify the agency involved in each action, and include other relevant information that could help the legislature and the governor evaluate the scope and impact of these awards.
The reporting duty gives the state's political branches a running record of how often Article 86 awards are made, against which agencies, and for how much, so they can judge whether the fee-shifting mechanism is working as intended.
Frequently Asked Questions
Who is responsible for the Article 86 annual report?
Section 8604 places the filing duty on the department of law.
Who receives the annual report?
The governor, the speaker of the assembly, and the temporary president of the senate.
What must the report contain?
It must describe the number, nature, and amount of each award made in the previous fiscal year, including the agency involved in each action, along with other relevant information that could aid the legislature and the governor in evaluating the scope and impact of the awards.
How often must the report be filed?
Section 8604 calls for an annual report, covering awards from the previous fiscal year.
Has section 8604 been amended since it was enacted?
Yes. It was added in 1989 and later amended by a 2015 law, effective November 20, 2015.
Amendment History
Add, L 1989, ch 770, § 1, eff April 1, 1990; L 2015, ch 439, § 1, effective November 20, 2015.
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: Article 86 annual reportdepartment of law fee award reportCPLR 8604 report to governor and legislaturecounsel fee award reporting requirement New York