S T A T E   O F   N E W   Y O R K
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                                  7866

                            I N  S E N A T E

                              May 18, 2010
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the  civil  practice  law  and  rules,  in  relation  to
  increasing the fixed fees for services provided by sheriffs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 8011 of  the  civil  practice  law  and  rules,  as
amended  by  chapter 655 of the laws of 2002, subdivision (h) as amended
by chapter 36 of the laws of 2007, is amended to read as follows:
  S 8011. Fixed fees of sheriffs. For the services specified, a  sheriff
is  entitled  to the following fees and, where indicated, these shall be
paid in advance.
  (a) Order of attachment.
  1. For receiving an order of attachment, entering it in the  appropri-
ate  books,  and  return  when  required,  [fifteen]  TWENTY dollars, in
advance.
  2. For levying upon real or personal property, [forty] FIFTY  dollars,
in advance.
  3.  For  each additional levy upon real or personal property by virtue
of an order of attachment, [forty] FIFTY dollars, in advance.
  4. For serving a copy of an order of attachment on  a  defendant,  and
for  serving  a  copy  on  each  additional  defendant, [fifteen] TWENTY
dollars, in advance.
  5. For serving a summons with or without a complaint, [fifteen] TWENTY
dollars, in advance.
  6. For making and filing a description of real property, or an  inven-
tory  of personal property, levied upon by virtue of an order of attach-
ment, or an estimate of the value thereof, [fifteen] TWENTY dollars.
  7. Mileage for services covered in paragraphs two, three and  four  of
this subdivision, in advance, provided, however, that where the services
covered  in  such  paragraphs  are performed at the same time and place,
there shall be only one mileage fee.
  (b) Property execution.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17294-01-0
              

S. 7866                             2

  1. For receiving an execution against property,  entering  it  in  the
appropriate  books,  and return when required, [fifteen] TWENTY dollars,
in advance, except that in an execution which arises out  of  an  action
brought  pursuant to article eighteen of the uniform district court act,
article  eighteen of the uniform city court act, article eighteen of the
New York city civil court act or article eighteen of the uniform justice
court act, the fees provided in this subdivision shall not be  collected
in advance.
  2.  For  levying  upon  property  by virtue of an execution, [fifteen]
TWENTY dollars.
  3. For making an inventory of property levied upon  by  virtue  of  an
execution, [fifteen] TWENTY dollars.
  4.  Mileage  for  services covered in paragraphs two and three of this
subdivision, in advance,  provided  however,  that  where  the  services
covered  in  such paragraphs are performed at the same time, there shall
be only one mileage fee.
  (c) Income execution; service upon judgment debtor.
  1. For receiving an  income  execution,  entering  it  in  appropriate
books, and return when required, [fifteen] TWENTY dollars, in advance.
  2.  For  serving  the  income  execution  upon  the  judgment  debtor,
[fifteen] TWENTY dollars, in advance.
  3. Mileage for service covered in paragraph two of  this  subdivision,
unless such execution is served by mail.
  (d)  Income  execution; levy upon default or failure to serve judgment
debtor.
  1. For serving an income execution, entering  it  in  the  appropriate
books, and return when required, [fifteen] TWENTY dollars, in advance.
  2. For levying upon the money that the judgment debtor is receiving or
will receive, [fifteen] TWENTY dollars, in advance.
  3.  Mileage  for services covered in paragraph two of this subdivision
unless such levy is made by mail.
  (e) Recovery of chattel.
  1. For receiving an order to  recover  chattel,  entering  it  in  the
appropriate  books,  and return when required, [fifteen] TWENTY dollars,
in advance.
  2. For executing the order of seizure against the defendant's  chattel
or chattels, [seventy-five] ONE HUNDRED dollars, in advance.
  3.  For executing the order of seizure against the chattel or chattels
of an additional defendant or any other person in whose possession  said
chattel or chattels may be found, [forty] FIFTY dollars, in advance.
  4.  For  serving  an additional copy of the required papers, [fifteen]
TWENTY dollars, in advance.
  5. For serving the summons with  or  without  a  complaint,  [fifteen]
TWENTY dollars, in advance.
  6.  Mileage  for  services  covered in paragraphs two, three, four and
five of this subdivision, in advance, provided however, that  where  the
services  covered  in such paragraphs are performed at the same time and
place, there shall be only one mileage fee.
  (f) Summary proceeding.
  1. Notice of petition and petition.
  (i) For receiving a notice of  petition  and  petition,  obtaining  an
index  number  when  required, entering it in the appropriate books, and
return, [fifteen] TWENTY dollars, in advance.
  (ii) For serving the notice of petition on a tenant or other person in
possession, [fifteen] TWENTY dollars, in advance.

S. 7866                             3

  (iii) For serving the notice of petition on  each  additional  tenant,
undertenant,  subtenant,  person  or persons in possession, or person or
persons not in possession to be served,  [fifteen]  TWENTY  dollars,  in
advance.
  (iv)  For  making  an  affidavit  of  military or nonmilitary service,
[fifteen] TWENTY dollars for each affidavit, in advance.
  (v) Mileage for services covered in subparagraph (ii)  of  this  para-
graph,  and  where  person  or  persons  named in the petition are to be
served at an address or addresses other than the premises  described  in
the petition, additional mileage shall be paid, in advance, except where
two or more notices of petition are to be served at the same time, with-
in the same site or location, there shall be only one mileage fee.
  2. Warrant of eviction or any mandate requiring delivery of possession
of real property and removal of person or persons in possession.
  (i)  For requisitioning, receiving, entering in the appropriate books,
and for the return of a  warrant  of  eviction  or  any  other  mandate,
[fifteen] TWENTY dollars, in advance.
  (ii)  For  service  of notice of eviction on a person or persons to be
served, [fifteen] TWENTY dollars  for  each  person  to  be  served,  in
advance.
  (iii)  Mileage  of services covered in subparagraph (ii) of this para-
graph, in advance, except where two or more notices of eviction  are  to
be  served  at  the  same  time, within the same site or location, there
shall be only one mileage fee.
  (iv) For executing a warrant of eviction or any mandate requiring  him
or  her  to  put  a  person  in possession of real property and removing
person or persons in possession, [seventy-five] ONE HUNDRED dollars,  in
advance.
  (v)  Mileage  for  services covered in subparagraph (iv) of this para-
graph, in advance.
  (g) Sales.
  1. For posting of notice, including advertising real or personal prop-
erty for sale by virtue of an execution, order of attachment,  or  other
mandate,  or in pursuance of a direction contained in a judgment, or for
a notice of postponement of a sale, [fifteen] TWENTY dollars.
  2. For drawing and executing a conveyance upon a sale of real  proper-
ty, [twenty] TWENTY-FIVE dollars, to be paid by the grantee, in advance.
  3. For attending a sale of real or personal property, [fifteen] TWENTY
dollars.
  4. For conducting a sale of real or personal property, [fifteen] TWEN-
TY dollars.
  5.  Mileage  for services covered in paragraphs three and four of this
subdivision provided, however, that where the services covered  in  such
paragraphs are performed at the same time and place, there shall be only
one mileage fee.
  (h) Summons, subpoenas and other mandates.
  1.  For  serving a summons, with or without a complaint or notice, for
serving a subpoena, or  for  serving  civil  process,  [fifteen]  TWENTY
dollars, in advance.
  2.  For  serving or executing an order of arrest, or any other mandate
for the service or execution of  which  no  other  fee  is  specifically
prescribed  by  law, [forty-five] FIFTY-FIVE dollars, in advance, except
that when a court has directed the service of an  order  of  protection,
there  shall  be  no  fee  for  service of such order and of any related
orders or papers to be served simultaneously.

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  3. Mileage for services subject to fees under paragraphs one  and  two
of this subdivision, in advance.
  4.  For  receiving  a  precept  issued  by  commissioners appointed to
inquire concerning the incompetency of a person,  the  fee  allowed  the
clerk  by subdivision (a) of section eight thousand twenty of this arti-
cle for placing a cause on the calendar,  and  for  notifying  a  county
clerk  or commissioner of jurors pursuant to such a precept, the fee, if
any, allowed the clerk by subdivision  (c)  of  section  eight  thousand
twenty of this article for filing a demand for jury trial.
  (i) Undertakings; returns; copies.
  1.  For taking any undertaking which the sheriff is authorized to take
[one dollar and fifty cents] TWO DOLLARS, and the notary's fees  to  any
affidavit or acknowledgements.
  2.  For  making  a  copy of a description or any inventory of property
levied upon by virtue of an order of attachment,  or  of  a  summons  or
complaint,  or  other mandate, or an affidavit or any other paper served
by him or her, [ten] FIFTEEN dollars, in advance.
  3. For a certified copy of an execution, and of the return  or  satis-
faction  thereupon,  or for a certified copy of any undertaking which he
or she is authorized to take, [ten] FIFTEEN dollars.
  (j) Prisoners.
  1. For each person committed  to  or  discharged  from  prison,  [ten]
FIFTEEN  dollars, in advance, to be paid by the person at whose instance
he or she is imprisoned.
  2. For attending before an officer for the purpose of  surrendering  a
prisoner,  or receiving into custody a prisoner surrendered, in exonera-
tion of his or her bail, [ten] FIFTEEN  dollars,  for  all  his  or  her
services upon such a surrender or receipt.
  (k) Jurors; view; constables' services.
  1.  For notifying jurors to attend upon a writ of inquiry, [two] THREE
dollars [and fifty cents] for each juror notified, including the  making
and  return  of the inquisition, when required; and for attending a jury
when required in such a case, [twenty-eight] THIRTY dollars.
  2. For attending a view, [ten] FIFTEEN dollars for each day.
  3. For any services which may be rendered by a constable,  other  than
those  specifically provided for in this section, section eight thousand
twelve or eight thousand thirteen of this article, to the same  fees  as
are allowed by law to a constable for those services.
  S  2.  Subdivision  (d)  of section 8012 of the civil practice law and
rules, as amended by chapter 337 of the laws of 2000, is amended to read
as follows:
  (d) Mileage fees in the city of New York. For mileage travelled wholly
within the city of New York the sheriff of the city of New York shall be
entitled to [twenty-five] THIRTY-FIVE dollars  payable  in  advance,  as
provided in section eight thousand eleven of this chapter.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.