N.Y. CPLR § 8012

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 8012 Mileage fees, poundage fees, additional compensation, andlimitation on compensation of sheriffs § 8012. Mileage fees, poundage fees, additional compensation, andlimitation on compensation of sheriffs. (a) Mileage fees. A sheriff isentitled to the current federal internal revenue service mileagereimbursement rate for each mile necessarily travelled in performing thefollowing services, payable in advance:1. in serving or executing a mandate upon or against one person, orupon or against two or more persons in the course of one journey,computed from the nearest office of the sheriff in the county to theplace of service or execution, and return;2. in serving or executing two or more mandates in one action upon oragainst one person at one time, computed from the nearest office of thesheriff in the county to the place of service or execution, and return;and3. in attending a view, computed from the nearest office of thesheriff in the county to the place of attendance, and return.(b) Poundage fees.1. A sheriff is entitled, for collecting money by virtue of anexecution, an order of attachment, or an attachment for the payment ofmoney in an action, or a warrant for the collection of money issued bythe comptroller or by a county treasurer or by any agency of the stateor a political subdivision thereof, or for collecting a fine by virtueof a commitment for civil contempt, to poundage of, in the countieswithin the city of New York, five per cent of the sum collected and inall other counties, five per cent upon the first two hundred fiftythousand dollars collected, and three per cent upon the residue of thesum collected.2. Where a settlement is made after a levy by virtue of service of anexecution, the sheriff is entitled to poundage upon the judgment orsettlement amo nt upon the residue of thesum collected.2. Where a settlement is made after a levy by virtue of service of anexecution, the sheriff is entitled to poundage upon the judgment orsettlement amount, whichever is less. Where an execution is vacated orset aside after levy, the sheriff is entitled to poundage upon the valueof the property levied upon, not exceeding the amount specified in theexecution, and the court may order the party liable therefor to pay thesame to the sheriff.3. Where a settlement is made, either before or after judgment, aftera levy by virtue of service of an order of attachment, the sheriff isentitled to poundage upon the judgment or settlement amount, whicheveris less. Where an order of attachment is vacated or set aside afterlevy, the sheriff is entitled to poundage upon the value of the propertylevied upon, not exceeding the amount specified in the order ofattachment, and the court may order the party at whose instance theorder of attachment was granted to pay the same to the sheriff. Where anorder of attachment is otherwise discharged by order of the court, thesheriff is entitled to the same poundage, to be paid by the party atwhose instance the order of attachment is discharged, and the sheriff isentitled to retain the property levied upon until the poundage is paid.The maximum amount upon which poundage shall be computed, if such asettlement is made or the order of attachment is vacated or set aside,is one million dollars.4. Where a settlement is made (i) after service of an income executionupon the debtor pursuant to subdivision (d) of section fifty-two hundredthirty-one of this chapter or upon the garnishee pursuant to subdivision(e) of section fifty-two hundred thirty-one of this chapter, or (ii)after issuance of a property execution pursuant to section fifty-twohundred thirty of this chapter and levy against personal or realproperty pursuant to sectio thirty-one of this chapter, or (ii)after issuance of a property execution pursuant to section fifty-twohundred thirty of this chapter and levy against personal or realproperty pursuant to section fifty-two hundred thirty-two or fifty-twohundred thirty-five of this chapter, the sheriff is entitled to poundageupon the judgment amount or settlement amount, whichever is less. Wherean income or property execution is vacated or set aside after levy, thesheriff is entitled to poundage upon the value of the property leviedupon, not exceeding the amount specified in the execution, and the courtmay order the party liable therefor to pay the same to the sheriff.5. A sheriff who brings an action in a court of competent jurisdictionto collect such amount provided for in this subdivision may also beawarded reasonable attorney's fees and court costs.(c) Additional compensation. A sheriff is entitled in any case,including an instance in which a mandate has been stayed, vacated or setaside, or a settlement has been made after a levy, to such additionalcompensation for his trouble --- NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only and expenses in taking possession of andpreserving property under any mandate or in removing a person inpossession of real property and the said person's property, as the courtallows, and the court may make an order requiring the party liabletherefor to pay the same to the sheriff.(d) Mileage fees in the city of New York. For mileage travelled whollywithin the city of New York the sheriff of the city of New York shall beentitled to thirty dollars payable in advance, as provided in sectioneight thousand eleven of this chapter, and commencing one year after theeffective date of the chapter of the laws of two thousand thirteen whichamended this subdivision, such fee shall be thirty-five dollars. CPLR § 8012 Page 2 encing one year after theeffective date of the chapter of the laws of two thousand thirteen whichamended this subdivision, such fee shall be thirty-five dollars. CPLR § 8012 Page 2