§ 91 — Designation and compensation of papers in first, second, tenth and eleventh judicial districts for publication of calendars and notices

New York § 91

• Jurisdiction: New York
• Law JUD: Judiciary
• Art. 4: Appellate Division

Text

§ 91. Designation and compensation of papers in first, second, tenth\nand eleventh judicial districts for publication of calendars and\nnotices. 1. The justices of the appellate division in the first\ndepartment, or a majority of them, shall be vested with and exercise\nfrom time to time the power to designate a daily law journal, published\nin the first judicial department, in which shall be published all\ncalendars of such courts of record in and for the first judicial\ndepartment as such justices shall select, together with every notice and\nadvertisement of judicial proceedings which shall be required to be\npublished in one or more papers in such judicial department. Such\ncalendars, unless otherwise provided by the justices of the appellate\ndivision, shall contain the numbers and titles of the causes and names\nof the attorneys appearing therein, with such particulars and notices in\nrespect to such calendars or the causes thereon as may be specified by\nthe clerk of the appellate division under the order of the appellate\ndivision.\n 2. The justices of the appellate division in the second department, or\na majority of them, are hereby authorized to contract, from year to\nyear, for the payment to the owner of the daily law journal designated\npursuant to law by the justices of the appellate division in the first\ndepartment for the publication of legal notices, of such compensation as\nthey deem to be fair and reasonable for publishing calendars, decisions,\nopinions, disposition of cases, judgments, notices of pendency, liens,\nassignments, appointments of referees and receivers, assignments of\njustices and judges and other similar matters relating to the courts in\nthe second, tenth and eleventh judicial districts; but this shall not in\nany way be construed to include notices or advertisements in actions or\njudicial proceedings required by law to be published in one or more\nnewspapers.\n The amount of such compensation shall be annually included in the\nbudget of the appellate division in the second department. Such\ncompensation shall be certified by the presiding justice of such\ndepartment to the state comptroller who shall audit the same. The state\ndepartment of taxation and finance shall pay such compensation and shall\napportion the same among the counties comprising the second, tenth and\neleventh judicial districts. Such counties shall reimburse the state for\nsuch compensation. The time and method of such apportionment and the\ntime and method of such reimbursement shall be as specified in section\nseventy-four of this chapter.\n 3. The justices of the appellate division in the first department, or\na majority of them, shall, any provision of law to the contrary\nnotwithstanding, from time to time designate such newspapers in such\ndepartment as in their opinion have such a circulation as is calculated\nto give public notice of a legal publication, and from time to time\nrevoke such designation. To entitle a newspaper to such a designation,\nit must file with the clerk of the appellate division a statement, duly\nverified, showing approximately the size and extent of its circulation,\nthe time and place of its regular publication, and a statement of its\ncharges for legal publications.\n Whenever a notice, summons, citation, order or other paper shall be\nrequired by any provision of law, or by the order of any court or judge\nthereof, or of a surrogate or of the clerk of a court or any other\nofficial or individual, to be published in a newspaper in the first\ndepartment, or public notice of any application to a court or judge or\nother officer shall be required to be given by publication thereof in a\nnewspaper in the first department, or where any court or judge thereof\nor a surrogate or other judicial officer or public officer is authorized\nor required to designate a newspaper in the first department for the\npublication of any notice, summons, citation, order or other paper, the\nnewspaper designated by any court or judge thereof, or surrogate or\nother judicial or public officer, shall be a newspaper designated by the\nappellate division of the supreme court in the first department as\nhereinbefore provided, and no such publication shall be deemed to give\nthe notice required to be given if the same is published in any\nnewspaper in the first department which has not been designated by an\norder of the appellate division of the supreme court in the first\ndepartment; and the publication of such notice, summons, citation, order\nor other paper in any undesignated newspaper in the first department\nshall not be deemed a compliance with any such provision of law or order\nof any court or judge.\n