S T A T E   O F   N E W   Y O R K
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                                  3417

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Judiciary

AN ACT to amend the civil practice law and rules, in relation to author-
  izing certain counties to increase  the  fees  imposed  for  recording
  certain instruments with the county clerk

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

  Section 1. Subparagraph a of paragraph 4 of subdivision (a) of section
8021 of the civil practice law and rules, as amended by chapter  288  of
the laws of 2008, is amended to read as follows:
  a.  (1)  For recording, entering, indexing and endorsing a certificate
on any instrument, five dollars, and, in addition thereto, three dollars
for each page or portion of a page, and fifty cents for each  additional
town,  city,  block  or  other indices in which such instrument is to be
indexed as directed by the endorsement thereon. On the assignment  of  a
mortgage  which  assigns more than one mortgage or on a release of lease
which releases more than one lease, then there shall  be  an  additional
fee  of  three  dollars for every mortgage assigned or lease released in
excess of one.
  (2) Notwithstanding clause one of this subparagraph,  any  county  may
opt  by county law to increase the fee for recording, entering, indexing
and endorsing a certificate on  any  instrument  from  five  dollars  to
[twenty]  TWENTY-FIVE  dollars  and,  in addition thereto, increase from
three dollars to five dollars for each page or portion of a  page.  Such
increase  shall  take  effect  thirty  days after the county enacts such
fees. For the purpose of determining the appropriate recording fee,  the
fee for any cover page shall be deemed an additional page of the instru-
ment.  A cover page shall not include any social security account number
or date of birth. To the extent a county clerk has placed  an  image  of
such cover page online, such county clerk shall make a good faith effort
to redact such information.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06760-01-9
              

A. 3417                             2

  S 2. Subparagraph a of paragraph 11 of subdivision (b) of section 8021
of  the  civil  practice  law and rules, as amended by chapter 55 of the
laws of 1992, is amended to read as follows:
  a.  (1)  For  recording  any  instrument  required  by  statute  to be
recorded, in counties within the city of New York, ten dollars,  and  in
all  other  counties,  five  dollars,  and,  in  addition thereto, three
dollars for each page or portion of a page  recorded,  except  that  the
charge for instruments of surrender and orders of commitment required to
be  filed  and recorded pursuant to section three hundred eighty-four of
the social services law shall be ten dollars per instrument or order  in
counties  within  the  city of New York, and in all other counties, five
dollars per instrument or order.
  (2) NOTWITHSTANDING THE PROVISIONS OF CLAUSE ONE OF THIS SUBPARAGRAPH,
ANY COUNTY, NOT WHOLLY ENCOMPASSED BY A CITY, MAY BY COUNTY LAW INCREASE
THE FEE FOR RECORDING ANY INSTRUMENT REQUIRED BY STATUTE TO BE  RECORDED
FROM  FIVE  DOLLARS  TO  TWENTY-FIVE  DOLLARS  AND, IN ADDITION THERETO,
INCREASE FROM THREE DOLLARS TO FIVE DOLLARS FOR EACH PAGE OR PORTION  OF
A  PAGE  RECORDED. SUCH INCREASE SHALL TAKE EFFECT THIRTY DAYS AFTER THE
COUNTY ENACTS SUCH COUNTY LAW.
  S 3. This act shall take effect immediately.