8602 - Definitions.

§ 8602. Definitions. For the purpose of this article:    (a)  "Action"  means  any  civil  action or proceeding brought to seek  judicial review of an action of the state as defined in subdivision  (g)  of this section, including an appellate proceeding, but does not include  an action brought in the court of claims.    (b)  "Fees and other expenses" means the reasonable expenses of expert  witnesses, the reasonable cost of any study, analysis, consultation with  experts, and like expenses, and reasonable attorney fees, including fees  for work performed by law students or paralegals under  the  supervision  of  an attorney incurred in connection with an administrative proceeding  and judicial action.    (c)  "Final  judgment"  means  a  judgment  that  is  final  and   not  appealable, and settlement.    (d) "Party" means (i) an individual whose net worth, not including the  value of a homestead used and occupied as a principal residence, did not  exceed  fifty  thousand  dollars at the time the civil action was filed;  (ii) any  owner  of  an  unincorporated  business  or  any  partnership,  corporation,  association,  real  estate developer or organization which  had no more than one hundred employees at the time the civil action  was  filed,  (iii)  any  organization  described  in section 501(c)(3) of the  Internal Revenue Code of 1954 (26 U.S.C. 501(c)(3)) exempt from taxation  under section 501(a) of such Code regardless of the number of employees.    (e) "Position of the state" means the act, acts or failure to act from  which judicial review is sought.    (f) "Prevailing party" means a plaintiff or petitioner  in  the  civil  action  against  the  state who prevails in whole or in substantial part  where such party and the state prevail upon separate issues.    (g) "State" means the state or any of  its  agencies  or  any  of  its  officials acting in his or her official capacity.