§ 8018 — Index number fees of county clerks

New York § 8018

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 80: Fees

Text

§ 8018. Index number fees of county clerks. (a) Amount of fee. 1. A\ncounty clerk is entitled, for the assignment of an index number to an\naction pending in a court of which he or she is clerk, to a fee of: (i)\none hundred ninety dollars; and (ii) in an action to foreclose pursuant\nto article thirteen of the real property actions and proceedings law,\nsuch clerk is entitled to collect an additional fee of one hundred\nninety dollars. Such fees are payable in advance.\n 2. The filing of a transcript of judgment in the county clerk's office\nis not to be deemed an action pending in the supreme or county court of\nthe county in which it is filed, nor does it constitute the commencement\nof an action in such courts.\n 3. In addition, a county clerk is entitled, for the assignment of an\nindex number to an action pending in a court of which he or she is\nclerk, to the following fee: an additional five dollars, to be paid\nmonthly by the county clerk to the commissioner of education, after\ndeducting twenty-five cents, for deposit into the New York state local\ngovernment records management improvement fund and an additional fifteen\ndollars, after deducting seventy-five cents, for deposit to the cultural\neducation account.\n (b) Exemptions from index number fee. No fee shall be charged for the\nassignment of an index number:\n 1. upon the filing of an order of the appellate term of the supreme\ncourt or of an order or certificate of commitment under the mental\nhygiene law; or\n 2. upon the transfer of papers from the clerk of any other court,\npursuant to an order for change of venue; or\n 3. to a criminal case or to any action at the request of a public\nagency, officer or poor person entitled by law to exemption from payment\nof fees to a county clerk; or\n 4. to any case in a county court on appeal from a judgment or order of\nthe district court or a town, village or city court; or\n 5. to a civil cause of action in which a city, town, village, fire\ndistrict, district corporation, school district or board of cooperative\neducational services is the plaintiff; or\n 6. upon the filing of an application for an extreme risk protection\norder pursuant to article sixty-three-a of this chapter.\n (c) Endorsement of index number on papers. No paper in an action in\nthe supreme or a county court, other than an order submitted for\nsignature to a judge out of court, shall be submitted for any purpose to\nthe supreme or county court or to a clerk thereof unless there is\nendorsed on such paper the index number of the action assigned by the\nclerk of the county.\n (d) Additional services without fee where index number assigned. A\ncounty clerk who has assigned an index number shall charge no further\nfee in the action to which the index number is assigned:\n 1. for the filing, entering, indexing, or docketing, and in the\ncounties within the city of New York, for recording, as required by\nstatute, of any and all papers in the action, or preliminary thereto or\nsupplementary to judgment;\n 2. for furnishing an extract of minutes for filing with the clerk of\nthe court, for affixing a certificate to a filed paper, for taxing\ncosts, for sealing writs, for issuing commissions, for certifying a copy\nof the clerk's minutes to accompany papers transmitted upon entry of an\norder for change of venue, or for entering a judgment in the action;\n 3. for docketing of a satisfaction, a partial satisfaction, an\nassignment, a reversal, a modification, an amendment, a cancellation or\na continuance of a previous entry or docket of a previously filed paper\nin the action;\n 4. for certifying a copy of an order of an appellate term of the\nsupreme court for transmittal to the civil court of the city of New York\nor a city, municipal or district court, or for certifying a copy of an\norder for use in a division of the clerk's office or for transmittal to\na city or county treasurer;\n 5. for docketing of a return of execution, satisfied, unsatisfied or\npartially satisfied;\n 6. for filing a notice or order continuing or cancelling a notice of\npendency of action or a notice of attachment against real property; and\n 7. for discharging a judgment of record by deposit with the clerk.\n