(a) Nothing contained in this article shall be construed to alter or modify the other provisions of this chapter where applicable to actions other than actions against the state.
§ 8605.Applicability.
Article 86. Counsel Fees and Expenses in Certain Actions Against the State · Last amended 1990 · Last verified July 21, 2026
In one sentenceSection 8605 limits Article 86 to its own terms: it does not change fee and cost rules for actions other than actions against the state, does not authorize a lawsuit brought only to recover fees from an administrative proceeding, and does not cut off any other right to recover fees under common law, statute, or rule.
Full Text of CPLR 8605
(b) Nothing contained in this article shall be deemed to authorize the institution of a civil action for the sole purpose of obtaining fees incurred by a party to an administrative proceeding.
(c) Nothing contained in this article shall affect or preclude the right of any party to recover fees or other expenses authorized by common law or by any other statute, law or rule.
Plain-English Summary
Section 8605 marks the boundaries of Article 86 so it is not read more broadly than intended. Subdivision (a) says nothing in the article alters or modifies the other cost and fee provisions of the CPLR as they apply to actions other than actions against the state. Article 86 is a state-specific mechanism, not a general rewrite of how costs and fees work elsewhere in the CPLR.
Subdivision (b) closes off a potential end run: nothing in the article authorizes starting a civil action for the sole purpose of obtaining fees incurred by a party in an administrative proceeding. A party cannot use Article 86 as a vehicle to convert administrative-proceeding fees into a lawsuit of their own.
Subdivision (c) protects other paths to fee recovery. Nothing in the article affects or precludes a party's right to recover fees or other expenses that common law, another statute, another law, or another rule already authorizes. Article 86 adds an avenue for recovering fees against the state; it does not replace or narrow the avenues that already existed.
Frequently Asked Questions
Does Article 86 change the cost and fee rules for lawsuits that are not against the state?
No. Section 8605(a) says nothing in the article alters or modifies the other provisions of the CPLR as applied to actions other than actions against the state.
Can a party sue the state only to collect fees from an earlier administrative proceeding?
No. Section 8605(b) says the article does not authorize starting a civil action for the sole purpose of obtaining fees incurred in an administrative proceeding.
Does Article 86 replace other ways of recovering attorney fees?
No. Section 8605(c) preserves any right to recover fees or other expenses authorized by common law or by any other statute, law, or rule.
What is the overall function of section 8605 within Article 86?
It fences in the article, confirming that its fee-shifting mechanism applies only to actions against the state as defined in section 8602, and that it neither disturbs unrelated CPLR cost rules nor forecloses other fee-recovery routes.
Could section 8605 be used to expand fee awards beyond what section 8601 allows?
No. It is a limiting provision; it does not create any new basis for an award beyond what section 8601 already sets out.
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: CPLR 8605 applicabilityArticle 86 limits and applicabilityCPLR 8605 fees preserved under other lawno separate suit for administrative fees CPLR