N.Y. Dom. Rel. Law § 19
N.Y. Dom. Rel. Law § 19 - Records to be kept by town and city clerks (2024)
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NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 19 — Records to be kept by town and city clerks. 1 DRL § 19 Records to be kept by town and city clerks. 1 /legislation/laws/DOM/A3 § 19. Records to be kept by town and city clerks. 1. Each town andcity clerk hereby empowered to issue marriage licenses shall keep a booksupplied by the state department of health in which such clerk shallrecord and index such information as is required therein, which bookshall be kept and preserved as a part of the public records of his orher office. Whenever an application is made for a search of such recordsthe city or town clerk, excepting the city clerk of the city of NewYork, may make such search and furnish a certificate of the result tothe applicant upon the payment of a fee of five dollars for a search ofone year and a further fee of one dollar for the second year for whichsuch search is requested and fifty cents for each additional yearthereafter, which fees shall be paid in advance of such search. Wheneveran application is made for a search of such records in the city of NewYork, the city clerk of the city of New York may make such search andfurnish a certificate of the result to the applicant upon the payment ofa fee of five dollars for a search of one year and a further fee of onedollar for the second year for which search is requested and fifty centseach additional year thereafter. Notwithstanding any other provision ofthis article, no fee shall be charged for any search or certificate whenrequired by the United States department of veterans affairs or by thedepartment of veterans' services of the state of New York to be used indetermining the eligibility of any person to participate in the benefitsmade available by the United States department of veterans affairs or bythe state of New York. All such affidavits, statements and consents,immediately upon the taking or receiving of the same by the town or cityclerk, shall be recorded and index f veterans affairs or bythe state of New York. All such affidavits, statements and consents,immediately upon the taking or receiving of the same by the town or cityclerk, shall be recorded and indexed as provided herein and shall bepublic records and open to public inspection whenever the same may benecessary or required for judicial or other proper purposes. At suchtimes as the commissioner shall direct, the said town or city clerk,excepting the city clerk of the city of New York, shall file in theoffice of the state department of health the original of each affidavit,statement, consent, order of a justice or judge authorizing immediatesolemnization of marriage, license and certificate, filed with or madebefore such clerk during the preceding month. Such clerk shall not berequired to file any of said documents with the state department ofhealth until the license is returned with the certificate showing thatthe marriage to which they refer has been actually performed.The county clerks of the counties comprising the city of New Yorkshall cause all original applications and original licenses with themarriage solemnization statements thereon heretofore filed with each,and all papers and records and binders relating to such originaldocuments pertaining to marriage licenses issued by said city clerk, intheir custody and possession to be removed, transferred, and deliveredto the borough offices of the city clerk in each of said counties.2. (a) In lieu of the requirement of maintaining a book supplied bythe state department of health pursuant to subdivision one hereof, eachtown or city clerk may cause all information as is required by law orrule or regulation of the department to be kept in such books to bephotocopied, photographed, microphotographed or reproduced on film whichshall be kept and preserved as part of the public records of his officetogether with an index thereto. Such photographic film shall be ofdurable material and the device used to repr uced on film whichshall be kept and preserved as part of the public records of his officetogether with an index thereto. Such photographic film shall be ofdurable material and the device used to reproduce such records on suchfilm shall be one which accurately reproduces the original record in alldetails.(b) Such photocopy or photographic film shall be deemed to be anoriginal record for all purposes, including introduction in evidence inall courts or administrative agencies. A transcript, exemplification orcertified copy thereof shall, for all purposes, be deemed to be atranscript, exemplification or certified copy of the original. Source: NYSenate.gov Open Legislation | Laws of New York Page 1