Legislation
SECTION 8019
County clerks generally
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 80
§ 8019. County clerks generally. (a) Application. The fees of a county
clerk specified in this article shall supersede the fees allowed by any
other statute for the same services, except in so far as the
administrative code of the city of New York sets forth different fees
for the city register of the city of New York and the county clerk of
Richmond, and except that such fees do not include the block fees as set
out in the Nassau county administrative code or the tax map number
verification fees on instruments presented for recording or filing as
set out in the Suffolk county administrative code, which are to be
charged in addition to the fees specified in this article. This
subdivision does not apply to the fees specified in subdivision (f) of
section 8021.
(b) Legible copies. Whenever a paper or document, presented to a
county clerk for filing or recording, is not legible or otherwise
suitable for copying or recording by the photocopying process, the
county clerk may require a legible or suitable copy thereof along with
such paper or document, and the same fees shall be payable for the copy
as are payable for the paper or document.
(c) Notice to county clerk. A county clerk need not make an entry
which is required by a court order unless proper notice is given to the
clerk by a party to the action or a person legally interested therein.
(d) Exemptions for state or city of New York. A clerk of a county
within the city of New York shall not charge or receive any fee from the
city of New York or the state of New York or from any agency or officer
of either acting in official capacity.
(e) Size of page and type. For purposes of this article, the size of
each page accepted by a county clerk for recording and indexing shall
not exceed nine inches by fourteen inches, except that in the counties
of Cattaraugus, Columbia, Delaware, Herkimer, Monroe and Otsego, the
size of the page shall not exceed eight and a half inches by fourteen
inches, and every printed portion thereof shall be plainly printed in
not smaller than eight point type. The county clerk acting as recording
officer may in special circumstances accept a page exceeding the size or
with smaller print than that prescribed herein, on such terms and at
such fee, subject to review by the supreme court, as he may deem
appropriate, but the fee for such recording and indexing shall not be
less than double the fees otherwise chargeable by law therefor.
(f) Copies of records. The following fees, up to a maximum of forty
dollars per record shall be payable to a county clerk or register for
copies of the records of the office except records filed under the
uniform commercial code:
1. to prepare a copy of any paper or record on file in the office,
except as otherwise provided, sixty-five cents per page with a minimum
fee of one dollar thirty cents;
2. to certify a prepared copy of any record or paper on file,
sixty-five cents per page with a minimum fee of five dollars twenty
cents;
3. to prepare and certify a copy of any record or paper on file, one
dollar twenty-five cents per page with a minimum fee of five dollars;
4. to prepare and certify a copy of a certificate of honorable
discharge, except as provided for in the military law, two dollars fifty
cents; and
5. to prepare a copy of any paper or record on file in the office in a
medium other than paper, the actual cost of reproducing the record in
accordance with paragraph (c) of subdivision one of section eighty-seven
of the public officers law.
clerk specified in this article shall supersede the fees allowed by any
other statute for the same services, except in so far as the
administrative code of the city of New York sets forth different fees
for the city register of the city of New York and the county clerk of
Richmond, and except that such fees do not include the block fees as set
out in the Nassau county administrative code or the tax map number
verification fees on instruments presented for recording or filing as
set out in the Suffolk county administrative code, which are to be
charged in addition to the fees specified in this article. This
subdivision does not apply to the fees specified in subdivision (f) of
section 8021.
(b) Legible copies. Whenever a paper or document, presented to a
county clerk for filing or recording, is not legible or otherwise
suitable for copying or recording by the photocopying process, the
county clerk may require a legible or suitable copy thereof along with
such paper or document, and the same fees shall be payable for the copy
as are payable for the paper or document.
(c) Notice to county clerk. A county clerk need not make an entry
which is required by a court order unless proper notice is given to the
clerk by a party to the action or a person legally interested therein.
(d) Exemptions for state or city of New York. A clerk of a county
within the city of New York shall not charge or receive any fee from the
city of New York or the state of New York or from any agency or officer
of either acting in official capacity.
(e) Size of page and type. For purposes of this article, the size of
each page accepted by a county clerk for recording and indexing shall
not exceed nine inches by fourteen inches, except that in the counties
of Cattaraugus, Columbia, Delaware, Herkimer, Monroe and Otsego, the
size of the page shall not exceed eight and a half inches by fourteen
inches, and every printed portion thereof shall be plainly printed in
not smaller than eight point type. The county clerk acting as recording
officer may in special circumstances accept a page exceeding the size or
with smaller print than that prescribed herein, on such terms and at
such fee, subject to review by the supreme court, as he may deem
appropriate, but the fee for such recording and indexing shall not be
less than double the fees otherwise chargeable by law therefor.
(f) Copies of records. The following fees, up to a maximum of forty
dollars per record shall be payable to a county clerk or register for
copies of the records of the office except records filed under the
uniform commercial code:
1. to prepare a copy of any paper or record on file in the office,
except as otherwise provided, sixty-five cents per page with a minimum
fee of one dollar thirty cents;
2. to certify a prepared copy of any record or paper on file,
sixty-five cents per page with a minimum fee of five dollars twenty
cents;
3. to prepare and certify a copy of any record or paper on file, one
dollar twenty-five cents per page with a minimum fee of five dollars;
4. to prepare and certify a copy of a certificate of honorable
discharge, except as provided for in the military law, two dollars fifty
cents; and
5. to prepare a copy of any paper or record on file in the office in a
medium other than paper, the actual cost of reproducing the record in
accordance with paragraph (c) of subdivision one of section eighty-seven
of the public officers law.