N.Y. CPLR § 8018

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 8018 Index number fees of county clerks § 8018. Index number fees of county clerks. (a) Amount of fee. 1. Acounty clerk is entitled, for the assignment of an index number to anaction pending in a court of which he or she is clerk, to a fee of: (i)one hundred ninety dollars; and (ii) in an action to foreclose pursuantto article thirteen of the real property actions and proceedings law,such clerk is entitled to collect an additional fee of one hundredninety dollars. Such fees are payable in advance.2. The filing of a transcript of judgment in the county clerk's officeis not to be deemed an action pending in the supreme or county court ofthe county in which it is filed, nor does it constitute the commencementof an action in such courts.3. In addition, a county clerk is entitled, for the assignment of anindex number to an action pending in a court of which he or she isclerk, to the following fee: an additional five dollars, to be paidmonthly by the county clerk to the commissioner of education, afterdeducting twenty-five cents, for deposit into the New York state localgovernment records management improvement fund and an additional fifteendollars, after deducting seventy-five cents, for deposit to the culturaleducation account.(b) Exemptions from index number fee. No fee shall be charged for theassignment of an index number:1. upon the filing of an order of the appellate term of the supremecourt or of an order or certificate of commitment under the mentalhygiene law; or2. upon the transfer of papers from the clerk of any other court,pursuant to an order for change of venue; or3. to a criminal case or to any action at the request of a publicagency, officer or poor person entitled by law to exemption from paymentof fees to a county clerk; or4. to any case in f venue; or3. to a criminal case or to any action at the request of a publicagency, officer or poor person entitled by law to exemption from paymentof fees to a county clerk; or4. to any case in a county court on appeal from a judgment or order ofthe district court or a town, village or city court; or5. to a civil cause of action in which a city, town, village, firedistrict, district corporation, school district or board of cooperativeeducational services is the plaintiff; or6. upon the filing of an application for an extreme risk protectionorder pursuant to article sixty-three-a of this chapter.(c) Endorsement of index number on papers. No paper in an action inthe supreme or a county court, other than an order submitted forsignature to a judge out of court, shall be submitted for any purpose tothe supreme or county court or to a clerk thereof unless there isendorsed on such paper the index number of the action assigned by theclerk of the county.(d) Additional services without fee where index number assigned. Acounty clerk who has assigned an index number shall charge no furtherfee in the action to which the index number is assigned:1. for the filing, entering, indexing, or docketing, and in thecounties within the city of New York, for recording, as required bystatute, of any and all papers in the action, or preliminary thereto orsupplementary to judgment;2. for furnishing an extract of minutes for filing with the clerk ofthe court, for affixing a certificate to a filed paper, for taxingcosts, for sealing writs, for issuing commissions, for certifying a copyof the clerk's minutes to accompany papers transmitted upon entry of anorder for change of venue, or for entering a judgment in the action;3. for docketing of a satisfaction, a partial satisfaction, anassignment, a reversal, a modification, an amendment, a cancellation ora continuance of a previous entry or docket of a previously for docketing of a satisfaction, a partial satisfaction, anassignment, a reversal, a modification, an amendment, a cancellation ora continuance of a previous entry or docket of a previously filed paperin the action;4. for certifying a copy of an order of an appellate term of thesupreme court for transmittal to the civil court of the city of New Yorkor a city, municipal or district court, or for certifying a copy of anorder for use in a division of the clerk's office or for transmittal toa city or county treasurer;5. for docketing of a return of execution, satisfied, unsatisfied orpartially satisfied;6. for filing a notice or order continuing or cancelling a notice ofpendency of action or a notice of attachment against real property; and7. for discharging a judgment of record by deposit with the clerk.