New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle A - JUDICIAL ADMINISTRATION
Chapter I - Standards and Administrative Policies
Subchapter C - Rules Of The Chief Administrator Of The Courts
Part 140 - Civil Actions Or Proceedings Brought By Inmates
Section 140.3 - Disposition of motion

(a) Form of order. Upon determining an incarcerated person's motion for permission to proceed as a poor person, the court shall issue an order, which shall be in the form set forth in Appendix A-2 of this Part.

(b) Order granting motion. Where a court grants an incarcerated person's motion for permission to proceed as a poor person, and the court's order requires the incarcerated person to make an initial payment of a portion of the filing fee that is imposed, the incarcerated person may not file a request for judicial intervention in the action or proceeding, nor shall the court report any outstanding fee obligation to the appropriate correctional official, to be collected from the incarcerated person's trust fund account, until such initial payment is fully received by the court. Once such initial payment is fully received by the court, or where the court's order does not require the incarcerated person's to make an initial payment, the action or proceeding may go forward as if all fees required therein had been paid and the court shall report such amount of the filing fee as remains unpaid as an outstanding obligation, to be collected from the incarcerated person's trust fund account, to the appropriate correctional official.

(c) Order denying motion. Where a court denies an incarcerated person's motion for permission to proceed as a poor person, the incarcerated person may not file a request for judicial intervention in the action or proceeding until the incarcerated person pays the proper index number or first paper fee, as appropriate, to the court. In the event no such payment is made within 120 days of the date of the order, the action or proceeding shall be dismissed by the court.