S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1883
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 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 certain 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-FIVE  dollars,  in
 advance.
   2.  For  levying  upon  real  or  personal property, forty dollars, in
 advance.
   3. For each additional levy upon real or personal property  by  virtue
 of an order of attachment, forty 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  dollars,  in
 advance.
   5. For serving a summons with or without a complaint, fifteen 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 dollars.
   7.  Mileage  for services covered in paragraphs two, three and four of
 this subdivision, in advance, provided, however, that where the services
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01525-01-3
 A. 1883                             2
              

 covered in such paragraphs are performed at the  same  time  and  place,
 there shall be only one mileage fee.
   (b) Property execution.
   1.  For  receiving  an  execution against property, entering it in the
 appropriate books,  and  return  when  required,  [fifteen]  TWENTY-FIVE
 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 eigh-
 teen  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-FIVE dollars.
   3. For making an inventory of property levied upon  by  virtue  of  an
 execution, [fifteen] TWENTY-FIVE 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-FIVE dollars, in
 advance.
   2.  For  serving  the  income  execution  upon  the  judgment  debtor,
 [fifteen] TWENTY-FIVE 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-FIVE  dollars,  in
 advance.
   2. For levying upon the money that the judgment debtor is receiving or
 will receive, [fifteen] TWENTY-FIVE 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-FIVE
 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.
 A. 1883                             3
 
   (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-FIVE dollars, in advance.
   (ii) For serving the notice of petition on a tenant or other person in
 possession, [fifteen] TWENTY-FIVE dollars, in advance.
   (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-FIVE dollars,
 in advance.
   (iv) For making an  affidavit  of  military  or  nonmilitary  service,
 fifteen 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-FIVE dollars, in advance.
   (ii) For service of notice of eviction on a person or  persons  to  be
 served,  [fifteen]  TWENTY-FIVE 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 FIFTY
 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 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]  TWEN-
 TY-FIVE dollars.
   4. For conducting a sale of real or personal property, [fifteen] TWEN-
 TY-FIVE 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  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
 A. 1883                             4
 
 prescribed  by  law,  forty-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.
   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, 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
 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 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  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 dollars.
   2. For attending a view, ten 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 thirtieth day after it shall
 have become a law.