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This entry was published on 2014-09-22
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SECTION 91
Designation and compensation of papers in first, second, tenth and eleventh judicial districts for publication of calendars and notices
Judiciary (JUD) CHAPTER 30, ARTICLE 4
§ 91. Designation and compensation of papers in first, second, tenth
and eleventh judicial districts for publication of calendars and
notices. 1. The justices of the appellate division in the first
department, or a majority of them, shall be vested with and exercise
from time to time the power to designate a daily law journal, published
in the first judicial department, in which shall be published all
calendars of such courts of record in and for the first judicial
department as such justices shall select, together with every notice and
advertisement of judicial proceedings which shall be required to be
published in one or more papers in such judicial department. Such
calendars, unless otherwise provided by the justices of the appellate
division, shall contain the numbers and titles of the causes and names
of the attorneys appearing therein, with such particulars and notices in
respect to such calendars or the causes thereon as may be specified by
the clerk of the appellate division under the order of the appellate
division.

2. The justices of the appellate division in the second department, or
a majority of them, are hereby authorized to contract, from year to
year, for the payment to the owner of the daily law journal designated
pursuant to law by the justices of the appellate division in the first
department for the publication of legal notices, of such compensation as
they deem to be fair and reasonable for publishing calendars, decisions,
opinions, disposition of cases, judgments, notices of pendency, liens,
assignments, appointments of referees and receivers, assignments of
justices and judges and other similar matters relating to the courts in
the second, tenth and eleventh judicial districts; but this shall not in
any way be construed to include notices or advertisements in actions or
judicial proceedings required by law to be published in one or more
newspapers.

The amount of such compensation shall be annually included in the
budget of the appellate division in the second department. Such
compensation shall be certified by the presiding justice of such
department to the state comptroller who shall audit the same. The state
department of taxation and finance shall pay such compensation and shall
apportion the same among the counties comprising the second, tenth and
eleventh judicial districts. Such counties shall reimburse the state for
such compensation. The time and method of such apportionment and the
time and method of such reimbursement shall be as specified in section
seventy-four of this chapter.

3. The justices of the appellate division in the first department, or
a majority of them, shall, any provision of law to the contrary
notwithstanding, from time to time designate such newspapers in such
department as in their opinion have such a circulation as is calculated
to give public notice of a legal publication, and from time to time
revoke such designation. To entitle a newspaper to such a designation,
it must file with the clerk of the appellate division a statement, duly
verified, showing approximately the size and extent of its circulation,
the time and place of its regular publication, and a statement of its
charges for legal publications.

Whenever a notice, summons, citation, order or other paper shall be
required by any provision of law, or by the order of any court or judge
thereof, or of a surrogate or of the clerk of a court or any other
official or individual, to be published in a newspaper in the first
department, or public notice of any application to a court or judge or
other officer shall be required to be given by publication thereof in a
newspaper in the first department, or where any court or judge thereof
or a surrogate or other judicial officer or public officer is authorized
or required to designate a newspaper in the first department for the
publication of any notice, summons, citation, order or other paper, the
newspaper designated by any court or judge thereof, or surrogate or
other judicial or public officer, shall be a newspaper designated by the
appellate division of the supreme court in the first department as
hereinbefore provided, and no such publication shall be deemed to give
the notice required to be given if the same is published in any
newspaper in the first department which has not been designated by an
order of the appellate division of the supreme court in the first
department; and the publication of such notice, summons, citation, order
or other paper in any undesignated newspaper in the first department
shall not be deemed a compliance with any such provision of law or order
of any court or judge.