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This entry was published on 2022-04-15
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SECTION 19
Records to be kept by town and city clerks
Domestic Relations (DOM) CHAPTER 14, ARTICLE 3
§ 19. Records to be kept by town and city clerks. * 1. Each town and
city clerk hereby empowered to issue marriage licenses shall keep a book
supplied by the state department of health in which such clerk shall
record and index such information as is required therein, which book
shall be kept and preserved as a part of the public records of his or
her office. Whenever an application is made for a search of such records
the city or town clerk, excepting the city clerk of the city of New
York, may make such search and furnish a certificate of the result to
the applicant upon the payment of a fee of five dollars for a search of
one year and a further fee of one dollar for the second year for which
such search is requested and fifty cents for each additional year
thereafter, which fees shall be paid in advance of such search. Whenever
an application is made for a search of such records in the city of New
York, the city clerk of the city of New York may make such search and
furnish a certificate of the result to the applicant upon the payment of
a fee of five dollars for a search of one year and a further fee of one
dollar for the second year for which search is requested and fifty cents
each additional year thereafter. Notwithstanding any other provision of
this article, no fee shall be charged for any search or certificate when
required by the United States department of veterans affairs or by the
division of veterans' services of the state of New York to be used in
determining the eligibility of any person to participate in the benefits
made available by the United States department of veterans affairs or by
the state of New York. All such affidavits, statements and consents,
immediately upon the taking or receiving of the same by the town or city
clerk, shall be recorded and indexed as provided herein and shall be
public records and open to public inspection whenever the same may be
necessary or required for judicial or other proper purposes. At such
times as the commissioner shall direct, the said town or city clerk,
excepting the city clerk of the city of New York, shall file in the
office of the state department of health the original of each affidavit,
statement, consent, order of a justice or judge authorizing immediate
solemnization of marriage, license and certificate, filed with or made
before such clerk during the preceding month. Such clerk shall not be
required to file any of said documents with the state department of
health until the license is returned with the certificate showing that
the marriage to which they refer has been actually performed.

The county clerks of the counties comprising the city of New York
shall cause all original applications and original licenses with the
marriage solemnization statements thereon heretofore filed with each,
and all papers and records and binders relating to such original
documents pertaining to marriage licenses issued by said city clerk, in
their custody and possession to be removed, transferred, and delivered
to the borough offices of the city clerk in each of said counties.

* NB Effective until April 1, 2023

* 1. Each town and city clerk hereby empowered to issue marriage
licenses shall keep a book supplied by the state department of health in
which such clerk shall record and index such information as is required
therein, which book shall be kept and preserved as a part of the public
records of his or her office. Whenever an application is made for a
search of such records the city or town clerk, excepting the city clerk
of the city of New York, may make such search and furnish a certificate
of the result to the applicant upon the payment of a fee of five dollars
for a search of one year and a further fee of one dollar for the second
year for which such search is requested and fifty cents for each
additional year thereafter, which fees shall be paid in advance of such
search. Whenever an application is made for a search of such records in
the city of New York, the city clerk of the city of New York may make
such search and furnish a certificate of the result to the applicant
upon the payment of a fee of five dollars for a search of one year and a
further fee of one dollar for the second year for which search is
requested and fifty cents each additional year thereafter.
Notwithstanding any other provision of this article, no fee shall be
charged for any search or certificate when required by the United States
department of veterans affairs or by the department of veterans'
services of the state of New York to be used in determining the
eligibility of any person to participate in the benefits made available
by the United States department of veterans affairs or by the state of
New York. All such affidavits, statements and consents, immediately upon
the taking or receiving of the same by the town or city clerk, shall be
recorded and indexed as provided herein and shall be public records and
open to public inspection whenever the same may be necessary or required
for judicial or other proper purposes. At such times as the commissioner
shall direct, the said town or city clerk, excepting the city clerk of
the city of New York, shall file in the office of the state department
of health the original of each affidavit, statement, consent, order of a
justice or judge authorizing immediate solemnization of marriage,
license and certificate, filed with or made before such clerk during the
preceding month. Such clerk shall not be required to file any of said
documents with the state department of health until the license is
returned with the certificate showing that the marriage to which they
refer has been actually performed.

The county clerks of the counties comprising the city of New York
shall cause all original applications and original licenses with the
marriage solemnization statements thereon heretofore filed with each,
and all papers and records and binders relating to such original
documents pertaining to marriage licenses issued by said city clerk, in
their custody and possession to be removed, transferred, and delivered
to the borough offices of the city clerk in each of said counties.

* NB Effective April 1, 2023

2. (a) In lieu of the requirement of maintaining a book supplied by
the state department of health pursuant to subdivision one hereof, each
town or city clerk may cause all information as is required by law or
rule or regulation of the department to be kept in such books to be
photocopied, photographed, microphotographed or reproduced on film which
shall be kept and preserved as part of the public records of his office
together with an index thereto. Such photographic film shall be of
durable material and the device used to reproduce such records on such
film shall be one which accurately reproduces the original record in all
details.

(b) Such photocopy or photographic film shall be deemed to be an
original record for all purposes, including introduction in evidence in
all courts or administrative agencies. A transcript, exemplification or
certified copy thereof shall, for all purposes, be deemed to be a
transcript, exemplification or certified copy of the original.