Section 5-410. Compensation, fees, expenses and allowances  


Latest version.
  • The commissioners
      of  appraisal appointed in pursuance of this subchapter shall receive as
      compensation such fees and expenses as may be taxed by  the  court  upon
      notice  to  the corporation counsel who shall also furnish them with the
      necessary clerks, stenographers,  surveyors  and  other  employees.  The
      corporation  counsel  shall,  either in person, or by such assistants or
      other counsel as he or she shall designate for the purpose,  appear  for
      and  protect the interests of the city in all proceedings in court under
      this  subchapter  including  the  taxation  of  fees,  compensation  and
      expenses  and  proceedings  before  the  commissioners.  The fees of the
      commissioners and the salaries and compensation of their employees,  and
      their necessary traveling expenses, and all other necessary expenses, in
      and  about the special proceedings provided by this subchapter to be had
      for acquiring title or extinguishing claims for damages to real  estate,
      and  such  allowances  for  counsel  fees as may be made by order of the
      court shall be paid  by  the  comptroller  out  of  the  funds  provided
      therefor.  Such fees and expenses shall not be paid until they have been
      taxed before a justice of the supreme court in the judicial district  in
      which  the  lands  or  some  part  thereof are situated upon eight days'
      notice to the corporation counsel. Such  allowances  shall  in  no  case
      exceed  the  limits  prescribed  by section eight thousand three hundred
      three of the civil practice law and rules. The salaries and compensation
      of the persons employed, as provided for in this subchapter, to  prepare
      the necessary surveys, plans and estimates and for other purposes and to
      direct,  supervise  and  inspect  the work required to be done under the
      provisions of this subchapter, and such other expenses in and about  the
      same  as  are  not  herein  required  to  be  under  contracts let after
      completion, shall be paid by the comptroller on the certification of the
      commissioner of environmental protection or of such person or persons as
      the commissioner may designate. The compensation and expenses of such of
      the corporation counsel's assistants or other counsel as the corporation
      counsel may designate to represent  and  aid  the  commissioner  in  the
      performance  of  his  or  her duties under this subchapter shall also be
      paid out of the funds provided therefor, and upon the certificate of the
      corporation counsel who shall have power to appoint such  assistants  or
      other  counsel, and to fix their compensation. The various sums of money
      growing due from time to time, under the terms of the several contracts,
      made for the doing of the work and furnishing the material  required  by
      this  subchapter,  shall be paid by the comptroller on the certification
      of the commissioner  of  environmental  protection  or  such  person  or
      persons as the commissioner may from time to time designate.