General

This Part shall apply where a Federal, State or local incarcerated person under sentence for conviction of a crime who is seeking to commence a civil action or proceeding, other than a proceeding brought under CPLR article 78 that alleges a failure to correctly award or certify jail time credit due an incarcerated person, brings a motion to waive costs, fees and expenses pursuant to article 11 of the Civil Practice Law and Rules (“CPLR”). For purposes of this Part: (i) "appropriate correctional official" shall mean the superintendent or other public official in charge of the facility where the incarcerated person is confined and (ii) "incarcerated person's trust fund account" shall mean an incarcerated person's correctional facility trust fund account or the institutional equivalent thereof.