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SECTION 8021
County clerks other than as clerks of court
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 80
§ 8021. County clerks other than as clerks of court. Whenever a county
clerk renders a service other than in his capacity as clerk of the
supreme or a county court, or other than in an action pending in a court
of which he is clerk, he is entitled to the fees specified in this
section, payable in advance.

(a) Services in connection with papers or instruments relating to real
property and not filed under the uniform commercial code.

1. For filing any paper, document or other instrument of any nature or
description which is required or permitted by law to be filed in his
office, five dollars, except as otherwise expressly provided in this
article and in article twelve of the real property law.

2. For filing and indexing any map, ten dollars.

3. For affixing and indexing a notice of foreclosure of a mortgage, as
prescribed in section fourteen hundred four of the real property actions
and proceedings law, ten dollars.

4. 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 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 instrument. 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.

b. For recording, entering, indexing and endorsing a certificate on
any instrument, an additional fee of five dollars to be paid monthly by
county clerks 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.

5. For re-indexing a recorded instrument, two dollars for each town,
city, block or other indices so re-indexed upon presentation of the
instrument with such additional endorsement thereon or, if the original
instrument is not obtainable, by request in writing sworn to by an
interested party, setting forth the facts.

6. For copying and mailing any map, such fees as may be fixed by the
county clerk subject to review by the supreme court.

7. For entering a cross reference of the record of any instrument on
the margin of the record of any other instrument referred to therein by
liber and page, fifty cents for each cross reference.

8. For examining the record of each assignment of mortgage or other
instrument recited in a certificate of discharge of mortgage, fifty
cents.

9. For searching for any filed or recorded instrument, upon a written
request specifying the kind of instrument, the location by town, city or
block if a real property instrument, and the names and period to be
searched, such fee as may be fixed by the county clerk subject to review
by the supreme court.

10. For filing or recording a notice of pendency of action or a notice
of attachment against real property, or an amended notice of pendancy of
action or an amended notice of action against real property, in counties
within the city of New York, thirty-five dollars, and in all other
counties, fifteen dollars, but no fee shall be charged for filing or
recording a notice or order continuing or cancelling same.

11. For filing federal tax liens payment shall be made in the manner
provided by section two hundred forty-three of the lien law.

(b) Filing, other than in connection with papers or instruments
relating to real property or filed under the uniform commercial code.

1. For filing any paper, document or other instrument of any nature or
description which is required or permitted by law to be filed in his
office, five dollars, except as otherwise expressly provided in this
article, and except that no fee shall be charged for filing a commission
of appointment to public office or an oath of office of a public officer
or employee, other than a notary public or commissioner of deeds.

2. For filing any certificate, instrument or document in relation to a
corporation, or any certificate pursuant to section forty-nine-a of the
personal property law, or any certificate, instrument or document in
relation to a joint stock association, limited partnership, continued
use of firm name or registration of hotel name, in counties within the
city of New York, one hundred dollars, and in all other counties,
twenty-five dollars. For filing any certificate pursuant to section one
hundred thirty of the general business law, in counties within the city
of New York, one hundred dollars, and in all other counties, twenty-five
dollars. No fee shall be charged for filing proof of publication or a
cancellation, discontinuance or dissolution certificate.

3. For filing an assignment of or order for the payment of salary or
wages, in counties within the city of New York, ten dollars, and in all
other counties, five dollars. No fee shall be charged for filing of a
satisfaction, assignment, cancellation or vacation thereof.

4. For filing a notice of mechanics lien, or a notice of lending, in
counties within the city of New York, thirty dollars, and in all other
counties, fifteen dollars. No fee shall be charged for filing a notice
or order continuing, amending or cancelling same, but when a mechanics
lien is discharged by deposit with a clerk of the court, there shall be
a fee of three dollars in all counties other than those within the city
of New York.

5. For filing, examining and entering an absolute bill of sale of
chattels, or any instrument affecting chattels, or a copy of the
foregoing or an assignment of any such instrument, or a satisfaction of
a chattel mortgage or conditional bill of sale, in all counties except
those within the city of New York, one dollar and fifty cents. For
filing, examining and entering an assignment of a notice of lien on
merchandise, one dollar and fifty cents. Every instrument affecting
chattels must be endorsed on the outside thereof with the character of
the instrument, the names of all the parties thereto and the location of
the property affected thereby, which must be distinguished from the
address of the parties by the words "property located at, " or similar
words.

6. For filing a notice of hospital lien, five dollars. No fee shall be
charged for filing a satisfaction, partial satisfaction, modification,
assignment, cancellation, discharge of amendment thereof.

7. For filing a transcript of judgment, in counties within the city of
New York, twenty-five dollars, and in all other counties, ten dollars.
No fee shall be charged for filing a certificate or order of
satisfaction, partial satisfaction, modification, assignment, reversal,
cancellation or amendment, of judgment or lien.

8. For filing and indexing a certificate of appointment or official
character of a notary public, or for filing and indexing a certificate
of appointment as commissioner of deeds, ten dollars.

9. For filing an assignment of money due on a contract, or an order on
owner, twenty-five dollars. No fee shall be charged for filing a notice
or order continuing, amending or cancelling same.

10. For filing a building loan contract, in counties within the city
of New York, fifty dollars, and in all other counties, twenty-five
dollars.

11. a. 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.

b. For recording any instrument required by statute to be recorded, an
additional fee of five dollars to be paid monthly by county clerks 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.

(c) Certification, issuing certificates, other papers and copies of
papers, records, and related services, other than in connection with
papers or instruments relating to real property or filed under the
uniform commercial code.

1. For issuing any certificate, except as otherwise expressly provided
for in this article, in counties within the city of New York, ten
dollars, and in all other counties, five dollars.

2. For an execution of a judgment, five dollars.

3. For issuing a transcript of the docket of a judgment or other lien,
in counties within the city of New York, fifteen dollars, and in all
other counties, five dollars.

4. For issuing a certificate of appointment of a notary public, five
dollars.

5. For issuing a certificate authenticating an official act by a
notary public, commissioner of deeds or other public officer, three
dollars, except that no fee shall be charged for a certificate on a
paper required by the United States veterans' administration.

6. For issuing an official receipt for any instrument affecting
personal property, two dollars.

7. For a certificate of exemplification, exclusive of certification,
ten dollars.

8. For preparing and certifying a copy of a marriage record, five
dollars.

9. No fee shall be charged to any county officer, employee or
institution required to file or record any instrument in connection with
the official duties thereof, or to any public official in connection
with the filing of his undertaking.

(d) Searches of records not filed under the uniform commercial code.
For certifying to a search of any records, other than those in an action
or relating to real property, for a consecutive two year period or
fraction thereof, for each name so searched, five dollars; except that
in the counties within the city of New York, when the records so
searched are the census records of the state of New York, the charge
shall be one dollar for a consecutive two-year period or fraction
thereof.

(e) Production of records. The production in any action of any filed
or recorded paper, document, map or other instrument which is part of
the public records and papers of a county clerk's office, except the
papers in an action which have been filed with the county clerk in his
capacity as clerk of the court, is hereby prohibited in the interest of
the safety and preservation thereof, unless the county clerk consents to
such production, or the judge presiding in the court in which such
production is sought so orders. Instead of the original, a certified
copy of such filed or recorded paper, document, map or other instrument
shall be produced in evidence as provided in section 4540 without an
order. In the event that the original is to be produced on order of such
judge, there shall be a fee for each day or part thereof in attendance
pursuant to a subpoena duces tecum of twenty dollars and, in addition
thereto, mileage fees of twelve cents per mile each way and the
necessary expenses of the messenger, except that if the subpoena duces
tecum be served within the city of New York and the place of attendance
is within the city of New York, then actual transportation cost shall be
charged instead of the mileage fees. In the event that a certified photo
copy of the records subpoenaed is produced, there shall be the same fee
as if the original was produced on the order of a judge.

(f) Services rendered pursuant to part four of article nine of the
uniform commercial code.

1. For filing, indexing and furnishing filing data for a financing
statement or a continuation statement on a form conforming to standards
prescribed by the secretary of state, three dollars, or if the statement
otherwise conforms to the requirements of part four of such article,
four dollars and fifty cents, plus, in either case,

(a) if the statement covers collateral which is crops or goods which
are or are to become fixtures, fifty cents and, in addition,

(b) if the real estate is in the city of New York or the counties of
Suffolk or Nassau, any block fees allowed by the administrative code of
the city of New York or the Nassau county administrative code or any tax
map number verification fees on instruments presented for recording or
filing allowed by the Suffolk county administrative code;

(c) for each additional person, firm or organization, beyond the
first, named as a debtor in the statement, seventy-five cents.

2. For filing and indexing an assignment or statement of assignment on
a form conforming to standards prescribed by the secretary of state, of
a security interest included in or accompanying a termination statement,
three dollars, or if the assignment or statement of assignment otherwise
conforms to the requirements of part four of such article, four dollars
and fifty cents, plus, in either case, for each additional person, firm
or organization, beyond the first, named as a debtor in the assignment
or statement, seventy-five cents.

3. For filing and indexing a termination statement, including sending
or delivering the financing statement and any continuation statement,
statement of assignment or statement of release pertaining thereto, or
an acknowledgment of the filing of the termination statement, one dollar
and fifty cents and, otherwise, shall be three dollars, plus, in each
case an additional fee of seventy-five cents for each name more than one
against which the termination statement is required to be indexed.

4. For filing, indexing and furnishing filing data for a financing
statement indicating an assignment of a security interest in the
collateral on a form conforming to standards prescribed by the secretary
of state, three dollars, or if the financing statement otherwise
conforms to the requirements of part four of such article, four dollars
and fifty cents, and seventy-five cents for each additional person, firm
or organization, beyond the first, named as a debtor in the statement.

5. For filing, indexing and furnishing filing data about a statement
of assignment on a form conforming to standards prescribed by the
secretary of state, separate from a financing statement, three dollars,
or if the statement of assignment otherwise conforms to the requirements
of part four of such article, four dollars and fifty cents plus, in
either case, for each additional person, firm or organization, beyond
the first, named as a debtor in the statement, seventy-five cents.

6. For filing and noting a statement of release of collateral on a
form conforming to standards prescribed by the secretary of state, three
dollars, or if the statement of release otherwise conforms to the
requirements of part four of such article, four dollars and fifty cents
plus, in either case, for each additional person, firm or organization,
beyond the first, named as a debtor in the statement, seventy-five
cents.

7. For noting the file number and date and hour of the filing of the
original upon a copy thereof furnished by the person filing any
financing statement, termination statement, statement of assignment, or
statement of release, and delivering or sending the copy to such person,
when the filed statement contains more than one page or the statement
and copy are not on forms conforming to standards prescribed by the
secretary of state, an amount equal to the product of one dollar and
fifty cents multiplied by the number of pages the filed statement
contains.

8. For issuing a certificate showing whether there is on file a
presently effective financing statement naming a particular debtor and
any statement of assignment thereof or statement of release of
collateral pertaining thereto, and if there is, giving the date and hour
of filing of each such statement and the names and addresses of each
secured party therein, four dollars and fifty cents if the request for
the certificate is on a form conforming to standards prescribed by the
secretary of state or, otherwise, seven dollars and fifty cents.

9. For furnishing a copy of any filed financing statement,
continuation statement, termination statement, statement of assignment
or statement of release, one dollar and fifty cents per page; provided,
however, that the county clerk may furnish duplicate copies of microfilm
records of all financing statements, continuation statements,
termination statements, statements of assignment and statements of
release filed during any month to any person requesting the same at a
fee, to be determined by the county clerk, of less than one dollar and
fifty cents per page.

(g) Services rendered in relation to federal tax liens filed pursuant
to the lien law.

1. For filing and indexing a notice of lien for taxes payable to the
United States of America and certificates and notices affecting such
liens, four dollars and fifty cents.

2. For issuing a certificate showing whether there is on file on the
date and hour stated therein, any notice of federal tax lien or
certificate or notice affecting such lien, filed on or after July third,
nineteen hundred sixty-six, and if there is, giving the date and hour of
filing each such notice or certificate, four dollars and fifty cents.