S T A T E   O F   N E W   Y O R K
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                                  3304

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 15, 2011
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01191-01-1

              

S. 3304                             2

covered  in  such  paragraphs  are performed at the same time and place,
there shall be only one mileage fee.
  (b) Property execution.
  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.

S. 3304                             3

  (ii) For serving the notice of petition on a tenant or other person in
possession, [fifteen] TWENTY dollars, in advance.
  (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,

S. 3304                             4

there shall be no fee for service of  such  order  and  of  any  related
orders or papers to be served simultaneously.
  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.