Search OpenLegislation Statutes

This entry was published on 2023-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Index number fees of county clerks
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 80
§ 8018. Index number fees of county clerks. (a) Amount of fee. 1. A
county clerk is entitled, for the assignment of an index number to an
action pending in a court of which he or she is clerk, to a fee of: (i)
one hundred ninety dollars; and (ii) in an action to foreclose pursuant
to article thirteen of the real property actions and proceedings law,
such clerk is entitled to collect an additional fee of one hundred
ninety dollars. Such fees are payable in advance.

2. The filing of a transcript of judgment in the county clerk's office
is not to be deemed an action pending in the supreme or county court of
the county in which it is filed, nor does it constitute the commencement
of an action in such courts.

3. In addition, a county clerk is entitled, for the assignment of an
index number to an action pending in a court of which he or she is
clerk, to the following fee: an additional five dollars, to be paid
monthly by the county clerk to the commissioner of education, after
deducting twenty-five cents, for deposit into the New York state local
government records management improvement fund and an additional fifteen
dollars, after deducting seventy-five cents, for deposit to the cultural
education account.

(b) Exemptions from index number fee. No fee shall be charged for the
assignment of an index number:

1. upon the filing of an order of the appellate term of the supreme
court or of an order or certificate of commitment under the mental
hygiene law; or

2. upon the transfer of papers from the clerk of any other court,
pursuant to an order for change of venue; or

3. to a criminal case or to any action at the request of a public
agency, officer or poor person entitled by law to exemption from payment
of fees to a county clerk; or

4. to any case in a county court on appeal from a judgment or order of
the district court or a town, village or city court; or

5. to a civil cause of action in which a city, town, village, fire
district, district corporation, school district or board of cooperative
educational services is the plaintiff; or

6. upon the filing of an application for an extreme risk protection
order pursuant to article sixty-three-a of this chapter.

(c) Endorsement of index number on papers. No paper in an action in
the supreme or a county court, other than an order submitted for
signature to a judge out of court, shall be submitted for any purpose to
the supreme or county court or to a clerk thereof unless there is
endorsed on such paper the index number of the action assigned by the
clerk of the county.

(d) Additional services without fee where index number assigned. A
county clerk who has assigned an index number shall charge no further
fee in the action to which the index number is assigned:

1. for the filing, entering, indexing, or docketing, and in the
counties within the city of New York, for recording, as required by
statute, of any and all papers in the action, or preliminary thereto or
supplementary to judgment;

2. for furnishing an extract of minutes for filing with the clerk of
the court, for affixing a certificate to a filed paper, for taxing
costs, for sealing writs, for issuing commissions, for certifying a copy
of the clerk's minutes to accompany papers transmitted upon entry of an
order for change of venue, or for entering a judgment in the action;

3. for docketing of a satisfaction, a partial satisfaction, an
assignment, a reversal, a modification, an amendment, a cancellation or
a continuance of a previous entry or docket of a previously filed paper
in the action;

4. for certifying a copy of an order of an appellate term of the
supreme court for transmittal to the civil court of the city of New York
or a city, municipal or district court, or for certifying a copy of an
order for use in a division of the clerk's office or for transmittal to
a city or county treasurer;

5. for docketing of a return of execution, satisfied, unsatisfied or
partially satisfied;

6. for filing a notice or order continuing or cancelling a notice of
pendency of action or a notice of attachment against real property; and

7. for discharging a judgment of record by deposit with the clerk.