§ 1912. Actions in which no fees to be charged; employees; actions by

governmental units.

(a) Employee's action. When the action is brought by an employee
against an employer for services performed by such employee, the clerk
shall not demand or receive any fees whatsoever from the plaintiff or
his attorney, if the plaintiff shall present proof by his own affidavit
that his demand does not exceed three hundred dollars exclusive of
interest and costs; that he is a resident of or an employee in the
county; that he has a good and meritorious cause of action against the
defendant and the nature thereof; and that he has made either a written
or a personal demand upon the defendant or his agent for payment thereof
and payment was refused; provided that if the plaintiff shall demand a
trial by jury, he must pay to the clerk the fees therefor.

(b) Actions by governmental units. In an action brought in the name of
the people of the state of New York by the attorney general or the
district attorney of the county, or in the name of the county or of any
department, board or officer thereof, by the county attorney of the
county, or in the name of any special district by the commissioners
thereof, or in the name of any village by the village counsel, or in the
name of any school district by the board of education or trustees
thereof, for the recovery of a penalty, or in the name of a town by the
town attorney, or in the name of the trustees of a town by the trustees
for the recovery of a penalty, the recovery of money damages, or the
enforcement of a local law, ordinance or regulation, no fees shall be
required to be paid by the plaintiff to the clerk and no costs shall be
taxed against the plaintiff; but in case such plaintiff recovers
judgment, the costs and taxable disbursements shall be included therein,
and if collected shall be accounted for.