S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9032
 
                           I N  A S S E M B L Y
 
                             January 12, 2018
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Judiciary
 
 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:
   §  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
 covered in such paragraphs are performed at the  same  time  and  place,
 there shall be only one mileage fee.
   (b) Property execution.

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

                                                            LBD10364-01-7

 A. 9032                             2
 
   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.
   (ii) For serving the notice of petition on a tenant or other person in
 possession, [fifteen] TWENTY dollars, in advance.

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

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   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.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.