N.Y. CPLR § 8021

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 8021 County clerks other than as clerks of court § 8021. County clerks other than as clerks of court. Whenever a countyclerk renders a service other than in his capacity as clerk of thesupreme or a county court, or other than in an action pending in a courtof which he is clerk, he is entitled to the fees specified in thissection, payable in advance.(a) Services in connection with papers or instruments relating to realproperty and not filed under the uniform commercial code.1. For filing any paper, document or other instrument of any nature ordescription which is required or permitted by law to be filed in hisoffice, five dollars, except as otherwise expressly provided in thisarticle and in article twelve of the real property law.2. For filing and indexing any map, ten dollars.3. For affixing and indexing a notice of foreclosure of a mortgage, asprescribed in section fourteen hundred four of the real property actionsand proceedings law, ten dollars.4. a. (1) For recording, entering, indexing and endorsing acertificate on any instrument, five dollars, and, in addition thereto,three dollars for each page or portion of a page, and fifty cents foreach additional town, city, block or other indices in which suchinstrument is to be indexed as directed by the endorsement thereon. Onthe assignment of a mortgage which assigns more than one mortgage or ona release of lease which releases more than one lease, then there shallbe an additional fee of three dollars for every mortgage assigned orlease released in excess of one.(2) Notwithstanding clause one of this subparagraph, any county mayopt by county law to increase the fee for recording, entering, indexingand endorsing a certificate on any instrument from five dollars totwenty dollars and, in addition thereto, increas y mayopt by county law to increase the fee for recording, entering, indexingand endorsing a certificate on any instrument from five dollars totwenty dollars and, in addition thereto, increase from three dollars tofive dollars for each page or portion of a page. Such increase shalltake effect thirty days after the county enacts such fees. For thepurpose of determining the appropriate recording fee, the fee for anycover page shall be deemed an additional page of the instrument. A coverpage shall not include any social security account number or date ofbirth. To the extent a county clerk has placed an image of such coverpage online, such county clerk shall make a good faith effort to redactsuch information.b. For recording, entering, indexing and endorsing a certificate onany instrument, an additional fee of five dollars to be paid monthly bycounty clerks to the commissioner of education, after deductingtwenty-five cents, for deposit into the New York state local governmentrecords management improvement fund and an additional fifteen dollars,after deducting seventy-five cents, for deposit to the culturaleducation account.5. For re-indexing a recorded instrument, two dollars for each town,city, block or other indices so re-indexed upon presentation of theinstrument with such additional endorsement thereon or, if the originalinstrument is not obtainable, by request in writing sworn to by aninterested party, setting forth the facts.6. For copying and mailing any map, such fees as may be fixed by thecounty clerk subject to review by the supreme court.7. For entering a cross reference of the record of any instrument onthe margin of the record of any other instrument referred to therein byliber and page, fifty cents for each cross reference.8. For examining the record of each assignment of mortgage or otherinstrument recited in a certificate of discharge of mortgage, fiftycents.9. For s age, fifty cents for each cross reference.8. For examining the record of each assignment of mortgage or otherinstrument recited in a certificate of discharge of mortgage, fiftycents.9. For searching for any filed or recorded instrument, upon a writtenrequest specifying the kind of instrument, the location by town, city orblock if a real property instrument, and the names and period to besearched, such fee as may be fixed by the county clerk subject to reviewby the supreme court.10. For filing or recording a notice of pendency of action or a noticeof attachment against real property, or an amended notice of pendancy ofaction or an amended notice of action against real property, in countieswithin the city of New York, thirty-five dollars, and in all othercounties, fifteen dollars, but no fee shall be charged for filing orrecording a notice or order continuing or cancelling same.11. For filing federal tax liens payment shall be made in the mannerprovided by section two hundred forty-three of the lien law.(b) Filing, other than in connection with papers or instrumentsrelating to real property or filed under the uniform commercial code.1. For filing any paper, document or other instrument of any nature ordescription which is required or permitted by law --- NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only to be filed in hisoffice, five dollars, except as otherwise expressly provided in thisarticle, and except that no fee shall be charged for filing a commissionof appointment to public office or an oath of office of a public officeror employee, other than a notary public or commissioner of deeds.2. For filing any certificate, instrument or document in relation to acorporation, or any certificate pursuant to section forty-nine-a of thepersonal property law, or any certificate, instrument or document inrelation to a joint stock association, t in relation to acorporation, or any certificate pursuant to section forty-nine-a of thepersonal property law, or any certificate, instrument or document inrelation to a joint stock association, limited partnership, continueduse of firm name or registration of hotel name, in counties within thecity of New York, one hundred dollars, and in all other counties,twenty-five dollars. For filing any certificate pursuant to section onehundred thirty of the general business law, in counties within the cityof New York, one hundred dollars, and in all other counties, twenty-fivedollars. No fee shall be charged for filing proof of publication or acancellation, discontinuance or dissolution certificate.3. For filing an assignment of or order for the payment of salary orwages, in counties within the city of New York, ten dollars, and in allother counties, five dollars. No fee shall be charged for filing of asatisfaction, assignment, cancellation or vacation thereof.4. For filing a notice of mechanics lien, or a notice of lending, incounties within the city of New York, thirty dollars, and in all othercounties, fifteen dollars. No fee shall be charged for filing a noticeor order continuing, amending or cancelling same, but when a mechanicslien is discharged by deposit with a clerk of the court, there shall bea fee of three dollars in all counties other than those within the cityof New York.5. For filing, examining and entering an absolute bill of sale ofchattels, or any instrument affecting chattels, or a copy of theforegoing or an assignment of any such instrument, or a satisfaction ofa chattel mortgage or conditional bill of sale, in all counties exceptthose within the city of New York, one dollar and fifty cents. Forfiling, examining and entering an assignment of a notice of lien onmerchandise, one dollar and fifty cents. Every instrument affectingchattels must be endorsed on the outside there cents. Forfiling, examining and entering an assignment of a notice of lien onmerchandise, one dollar and fifty cents. Every instrument affectingchattels must be endorsed on the outside thereof with the character ofthe instrument, the names of all the parties thereto and the location ofthe property affected thereby, which must be distinguished from theaddress of the parties by the words "property located at, " or similarwords.6. For filing a notice of hospital lien, five dollars. No fee shall becharged for filing a satisfaction, partial satisfaction, modification,assignment, cancellation, discharge of amendment thereof.7. For filing a transcript of judgment, in counties within the city ofNew York, twenty-five dollars, and in all other counties, ten dollars.No fee shall be charged for filing a certificate or order ofsatisfaction, partial satisfaction, modification, assignment, reversal,cancellation or amendment, of judgment or lien.8. For filing and indexing a certificate of appointment or officialcharacter of a notary public, or for filing and indexing a certificateof appointment as commissioner of deeds, ten dollars.9. For filing an assignment of money due on a contract, or an order onowner, twenty-five dollars. No fee shall be charged for filing a noticeor order continuing, amending or cancelling same.10. For filing a building loan contract, in counties within the city ofNew York, fifty dollars, and in all other counties, twenty-fivedollars.11. a. For recording any instrument required by statute to berecorded, in counties within the city of New York, ten dollars, and inall other counties, five dollars, and, in addition thereto, threedollars for each page or portion of a page recorded, except that thecharge for instruments of surrender and orders of commitment required tobe filed and recorded pursuant to section three hundred eighty-four ofthe social services law shall be ten doll hat thecharge for instruments of surrender and orders of commitment required tobe filed and recorded pursuant to section three hundred eighty-four ofthe social services law shall be ten dollars per instrument or order incounties within the city of New York, and in all other counties, fivedollars per instrument or order.b. For recording any instrument required by statute to be recorded, anadditional fee of five dollars to be paid monthly by county clerks tothe commissioner of education, after deducting twenty-five cents, fordeposit into the New York state local government records managementimprovement fund and an additional fifteen dollars, after deductingseventy-five cents, for deposit to the cultural education account.(c) Certification, issuing certificates, other papers and copies ofpapers, records, and related services, other than in connection withpapers or instruments relating to real property or filed under theuniform commercial code.1. For issuing any certificate, except as otherwise expressly providedfor in this article, in counties within the city of New York, tendollars, and in all other counties, five dollars.2. For an execution of a judgment, five dollars.3. For issuing a transcript of the docket of a judgment or other lien,in counties within the city of New York, fifteen dollars, and in allother counties, five dollars.4. For issuing a certificate of appointment of a notary public, fivedollars.5. For issuing a certificate authenticating an official act by anotary public, commissioner of deeds or other public officer, threedollars, except that no fee shall CPLR § 8021 Page 2 --- NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only be charged for a certificate on apaper required by the United States veterans' administration. NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only be charged for a certificate on apaper required by the United States veterans' administration.6. For issuing an official receipt for any instrument affectingpersonal property, two dollars.7. For a certificate of exemplification, exclusive of certification,ten dollars.8. For preparing and certifying a copy of a marriage record, fivedollars.9. No fee shall be charged to any county officer, employee orinstitution required to file or record any instrument in connection withthe official duties thereof, or to any public official in connectionwith the filing of his undertaking.(d) Searches of records not filed under the uniform commercial code.For certifying to a search of any records, other than those in an actionor relating to real property, for a consecutive two year period orfraction thereof, for each name so searched, five dollars; except thatin the counties within the city of New York, when the records sosearched are the census records of the state of New York, the chargeshall be one dollar for a consecutive two-year period or fractionthereof.(e) Production of records. The production in any action of any filedor recorded paper, document, map or other instrument which is part ofthe public records and papers of a county clerk's office, except thepapers in an action which have been filed with the county clerk in hiscapacity as clerk of the court, is hereby prohibited in the interest ofthe safety and preservation thereof, unless the county clerk consents tosuch production, or the judge presiding in the court in which suchproduction is sought so orders. Instead of the original, a certifiedcopy of such filed or recorded paper, document, map or other instrumentshall be produced in evidence as provided in section 4540 without anorder. In the event that the original is to be produced on order iled or recorded paper, document, map or other instrumentshall be produced in evidence as provided in section 4540 without anorder. In the event that the original is to be produced on order of suchjudge, there shall be a fee for each day or part thereof in attendancepursuant to a subpoena duces tecum of twenty dollars and, in additionthereto, mileage fees of twelve cents per mile each way and thenecessary expenses of the messenger, except that if the subpoena ducestecum be served within the city of New York and the place of attendanceis within the city of New York, then actual transportation cost shall becharged instead of the mileage fees. In the event that a certified photocopy of the records subpoenaed is produced, there shall be the same feeas if the original was produced on the order of a judge.(f) Services rendered pursuant to part four of article nine of theuniform commercial code.1. For filing, indexing and furnishing filing data for a financingstatement or a continuation statement on a form conforming to standardsprescribed by the secretary of state, three dollars, or if the statementotherwise conforms to the requirements of part four of such article,four dollars and fifty cents, plus, in either case,(a) if the statement covers collateral which is crops or goods whichare or to become fixtures, fifty cents and, in addition,(b) if the real estate is in the city of New York or the counties ofSuffolk or Nassau, any block fees allowed by the administrative code ofthe city of New York or the Nassau county administrative code or any taxmap number verification fees on instruments presented for recording orfiling allowed by the Suffolk county administrative code;(c) for each additional person, firm or organization, beyond thefirst, named as a debtor in the statement, seventy-five cents.2. For filing and indexing an assignment or statement of assignment ona form conforming to st n, firm or organization, beyond thefirst, named as a debtor in the statement, seventy-five cents.2. For filing and indexing an assignment or statement of assignment ona form conforming to standards prescribed by the secretary of state, ofa security interest included in or accompanying a termination statement,three dollars, or if the assignment or statement of assignment otherwiseconforms to the requirements of part four of such article, four dollarsand fifty cents, plus, in either case, for each additional person, firmor organization, beyond the first, named as a debtor in the assignmentor statement, seventy-five cents.3. For filing and indexing a termination statement, including sendingor delivering the financing statement and any continuation statement,statement of assignment or statement of release pertaining thereto, oran acknowledgment of the filing of the termination statement, one dollarand fifty cents and, otherwise, shall be three dollars, plus, in eachcase an additional fee of seventy-five cents for each name more than oneagainst which the termination statement is required to be indexed.4. For filing, indexing and furnishing filing data for a financingstatement indicating an assignment of a security interest in thecollateral on a form conforming to standards prescribed by the secretaryof state, three dollars, or if the financing statement otherwiseconforms to the requirements of part four of such article, four dollarsand fifty cents, and seventy-five cents for each additional person, firmor organization, beyond the first, named as a debtor in the statement.5. For filing, indexing and furnishing filing data about a statementof assignment on a form conforming to standards prescribed by thesecretary of state, separate from a financing statement, three dollars,or if the statement of assignment otherwise conforms to the requirementsof part four of such article, four dollars and by thesecretary of state, separate from a financing statement, three dollars,or if the statement of assignment otherwise conforms to the requirementsof part four of such article, four dollars and fifty cents plus, CPLR § 8021 Page 3 --- NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only ineither case, for each additional person, firm or organization, beyondthe first, named as a debtor in the statement, seventy-five cents.6. For filing and noting a statement of release of collateral on aform conforming to standards prescribed by the secretary of state, threedollars, or if the statement of release otherwise conforms to therequirements of part four of such article, four dollars and fifty centsplus, in either case, for each additional person, firm or organization,beyond the first, named as a debtor in the statement, seventy-fivecents.7. For noting the file number and date and hour of the filing of theoriginal upon a copy thereof furnished by the person filing anyfinancing statement, termination statement, statement of assignment, orstatement of release, and delivering or sending the copy to such person,when the filed statement contains more than one page or the statementand copy are not on forms conforming to standards prescribed by thesecretary of state, an amount equal to the product of one dollar andfifty cents multiplied by the number of pages the filed statementcontains.8. For issuing a certificate showing whether there is on file apresently effective financing statement naming a particular debtor andany statement of assignment thereof or statement of release ofcollateral pertaining thereto, and if there is, giving the date and hourof filing of each such statement and the names and addresses of eachsecured party therein, four dollar nt of release ofcollateral pertaining thereto, and if there is, giving the date and hourof filing of each such statement and the names and addresses of eachsecured party therein, four dollars and fifty cents if the request forthe certificate is on a form conforming to standards prescribed by thesecretary of state or, otherwise, seven dollars and fifty cents.9. For furnishing a copy of any filed financing statement,continuation statement, termination statement, statement of assignmentor statement of release, one dollar and fifty cents per page; provided,however, that the county clerk may furnish duplicate copies of microfilmrecords of all financing statements, continuation statements,termination statements, statements of assignment and statements ofrelease filed during any month to any person requesting the same at afee, to be determined by the county clerk, of less than one dollar andfifty cents per page.(g) Services rendered in relation to federal tax liens filed pursuantto the lien law.1. For filing and indexing a notice of lien for taxes payable to theUnited States of America and certificates and notices affecting suchliens, four dollars and fifty cents.2. For issuing a certificate showing whether there is on file on thedate and hour stated therein, any notice of federal tax lien orcertificate or notice affecting such lien, filed on or after July third,nineteen hundred sixty-six, and if there is, giving the date and hour offiling each such notice or certificate, four dollars and fifty cents. CPLR § 8021 Page 4