Special procedure where fee is collected from a source other than an incarcerated person's trust fund account

Civil Actions Or Proceedings Brought By Inmates

Rule: 140.4

Jurisdiction: NY

Bluebook Citation: 22 NYCRR 140.4

Where: (i) a court issues an order granting an incarcerated person's motion to waive costs, fees and expenses, and reports some or all of the filing fee imposed pursuant to such order to the appropriate correctional official as an outstanding obligation to be collected from the incarcerated person's trust fund account; and (ii) thereafter the incarcerated person or a person acting on his or her behalf pays the amount of the outstanding obligation to the clerk of the court, the court shall forthwith issue an order directing the appropriate correctional official to cease collection of the obligation and to restore to the incarcerated person's trust fund account any funds theretofore withheld therefrom to satisfy the obligation. Such order shall be in the form set forth in Appendix A-3 of this Part.

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