(a) In the civil action or  proceeding  in  which  the  expenses  were
incurred or other amounts were paid, or
  (b)  To  the supreme court in a separate proceeding, in which case the
application shall set forth the disposition of any previous  application
made  to  any  court  for the same or similar relief and also reasonable
cause for the failure to make application for such relief in the  action
or  proceeding in which the expenses were incurred or other amounts were
paid.
  2. The application shall be made in such manner and  form  as  may  be
required by the applicable rules of court, or in the absence thereof, by
direction of a court to which it is made. Such application shall be upon
notice  to  the  corporation.  The  court may also direct that notice be
given at the expense of the corporation to  the  shareholders  and  such
other persons as it may designate in such manner as it may require.
  3.  Where  indemnification is sought by judicial action, the court may
allow a person such  reasonable  expenses,  including  attorneys'  fees,
during  the  pendency  of  the litigation as are necessary in connection
with his defense therein, if the court shall find that the defendant has
by his pleadings or during the course of the litigation  raised  genuine
issues of fact or law.
Structure New York Laws
Article 16 - General Provisions Applicable to Banking Non-Stock Corporations
9003 - Certificates; Requirements, Signing, Filing, Effectiveness.
9004 - Certificates; Corrections.
9005 - Nonexclusivity of Statutory Provisions for Indemnification of Directors and Officers.
9006 - Authorization for Indemnification of Directors and Officers.
9007 - Payment of Indemnification Other Than by Court Award.
9008 - Indemnification of Directors and Officers by a Court.
9009 - Other Provisions Affecting Indemnification of Directors and Officers.
9010-A - Insurance for Indemnification of Directors and Officers.
9011 - Certificates as Evidence.
9012 - Corporate Seal as Evidence.
9013 - When Notice or Lapse of Time Unnecessary; Notices Dispensed With When Delivery Is Prohibited.
9014 - Corporate Name; General.
9015 - Corporate Name; Exceptions.
9017 - Place and Time of Meetings of the Board; Presence At.
9018 - Effect of Invalidity of Part of Article; Severability.