State Codes and Statutes

Statutes > New-york > Cvp > Article-80 > 8021

§ 8021. County clerks other than as clerks of court. Whenever a county  clerk  renders  a  service  other  than  in his capacity as clerk of the  supreme or a county court, or other than in an action pending in a court  of which he is clerk, he is entitled  to  the  fees  specified  in  this  section, payable in advance.    (a) Services in connection with papers or instruments relating to real  property and not filed under the uniform commercial code.    1. For filing any paper, document or other instrument of any nature or  description  which  is  required  or permitted by law to be filed in his  office, five dollars, except as otherwise  expressly  provided  in  this  article 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, as  prescribed in section fourteen hundred four of the real property actions  and proceedings law, ten dollars.    4.   a.   (1)  For  recording,  entering,  indexing  and  endorsing  a  certificate on any instrument, five dollars, and, in  addition  thereto,  three  dollars  for  each page or portion of a page, and fifty cents for  each additional town,  city,  block  or  other  indices  in  which  such  instrument  is  to be indexed as directed by the endorsement thereon. On  the assignment of a mortgage which assigns more than one mortgage or  on  a  release of lease which releases more than one lease, then there shall  be an additional fee of three dollars for  every  mortgage  assigned  or  lease released in excess of one.    (2)  Notwithstanding  clause  one of this subparagraph, any county may  opt by county law to increase the fee for recording, entering,  indexing  and  endorsing  a  certificate  on  any  instrument from five dollars to  twenty dollars and, in addition thereto, increase from three dollars  to  five  dollars  for  each  page or portion of a page. Such increase shall  take effect thirty days after the  county  enacts  such  fees.  For  the  purpose  of  determining  the appropriate recording fee, the fee for any  cover page shall be deemed an additional page of the instrument. A cover  page shall not include any social security account  number  or  date  of  birth.  To  the  extent a county clerk has placed an image of such cover  page online, such county clerk shall make a good faith effort to  redact  such information.    b.  For  recording,  entering, indexing and endorsing a certificate on  any instrument, an additional fee of five dollars to be paid monthly  by  county   clerks  to  the  commissioner  of  education,  after  deducting  twenty-five cents, for deposit into the New York state local  government  records  management  improvement fund and an additional fifteen dollars,  after  deducting  seventy-five  cents,  for  deposit  to  the   cultural  education account.    5.  For  re-indexing a recorded instrument, two dollars for each town,  city, block or other indices so  re-indexed  upon  presentation  of  the  instrument  with such additional endorsement thereon or, if the original  instrument is not obtainable, by request  in  writing  sworn  to  by  an  interested party, setting forth the facts.    6.  For  copying and mailing any map, such fees as may be fixed by the  county clerk subject to review by the supreme court.    7. For entering a cross reference of the record of any  instrument  on  the  margin of the record of any other instrument referred to therein by  liber and page, fifty cents for each cross reference.    8. For examining the record of each assignment of  mortgage  or  other  instrument  recited  in  a  certificate  of discharge of mortgage, fifty  cents.    9. For searching for any filed or recorded instrument, upon a  written  request specifying the kind of instrument, the location by town, city orblock  if  a  real  property  instrument, and the names and period to be  searched, such fee as may be fixed by the county clerk subject to review  by the supreme court.    10. For filing or recording a notice of pendency of action or a notice  of attachment against real property, or an amended notice of pendancy of  action or an amended notice of action against real property, in counties  within  the  city  of  New  York,  thirty-five dollars, and in all other  counties, fifteen dollars, but no fee shall be  charged  for  filing  or  recording a notice or order continuing or cancelling same.    11.  For  filing federal tax liens payment shall be made in the manner  provided by section two hundred forty-three of the lien law.    (b) Filing, other  than  in  connection  with  papers  or  instruments  relating to real property or filed under the uniform commercial code.    1. For filing any paper, document or other instrument of any nature or  description  which  is  required  or permitted by law to be filed in his  office, five dollars, except as otherwise  expressly  provided  in  this  article, and except that no fee shall be charged for filing a commission  of appointment to public office or an oath of office of a public officer  or employee, other than a notary public or commissioner of deeds.    2. For filing any certificate, instrument or document in relation to a  corporation,  or any certificate pursuant to section forty-nine-a of the  personal property law, or any certificate,  instrument  or  document  in  relation  to  a  joint stock association, limited partnership, continued  use of firm name or registration of hotel name, in counties  within  the  city  of  New  York,  one  hundred  dollars,  and in all other counties,  twenty-five dollars. For filing any certificate pursuant to section  one  hundred  thirty of the general business law, in counties within the city  of New York, one hundred dollars, and in all other counties, twenty-five  dollars. No fee shall be charged for filing proof of  publication  or  a  cancellation, discontinuance or dissolution certificate.    3.  For  filing an assignment of or order for the payment of salary or  wages, in counties within the city of New York, ten dollars, and in  all  other  counties,  five  dollars. No fee shall be charged for filing of a  satisfaction, assignment, cancellation or vacation thereof.    4. For filing a notice of mechanics lien, or a notice of  lending,  in  counties  within  the city of New York, thirty dollars, and in all other  counties, fifteen dollars. No fee shall be charged for filing  a  notice  or  order  continuing, amending or cancelling same, but when a mechanics  lien is discharged by deposit with a clerk of the court, there shall  be  a  fee of three dollars in all counties other than those within the city  of New York.    5. For filing, examining and entering an  absolute  bill  of  sale  of  chattels,  or  any  instrument  affecting  chattels,  or  a  copy of the  foregoing or an assignment of any such instrument, or a satisfaction  of  a  chattel  mortgage or conditional bill of sale, in all counties except  those within the city of New York,  one  dollar  and  fifty  cents.  For  filing,  examining  and  entering  an  assignment of a notice of lien on  merchandise, one dollar and  fifty  cents.  Every  instrument  affecting  chattels  must  be endorsed on the outside thereof with the character of  the instrument, the names of all the parties thereto and the location of  the property affected thereby, which  must  be  distinguished  from  the  address  of  the parties by the words "property located at, " or similar  words.    6. For filing a notice of hospital lien, five dollars. No fee shall be  charged 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 of  New  York,  twenty-five dollars, and in all other counties, ten dollars.No  fee  shall  be  charged  for  filing  a  certificate  or  order   of  satisfaction,  partial satisfaction, modification, assignment, reversal,  cancellation or amendment, of judgment or lien.    8.  For  filing  and indexing a certificate of appointment or official  character of a notary public, or for filing and indexing  a  certificate  of appointment as commissioner of deeds, ten dollars.    9. For filing an assignment of money due on a contract, or an order on  owner,  twenty-five dollars. No fee shall be charged for filing a notice  or order continuing, amending or cancelling same.    10. For filing a building loan contract, in counties within  the  city  of  New  York,  fifty  dollars,  and  in all other counties, twenty-five  dollars.    11. a.  For  recording  any  instrument  required  by  statute  to  be  recorded,  in  counties within the city of New York, ten dollars, and in  all other counties,  five  dollars,  and,  in  addition  thereto,  three  dollars  for  each  page  or portion of a page recorded, except that the  charge for instruments of surrender and orders of commitment required to  be filed and recorded pursuant to section three hundred  eighty-four  of  the  social services law shall be ten dollars per instrument or order in  counties within the city of New York, and in all  other  counties,  five  dollars per instrument or order.    b. For recording any instrument required by statute to be recorded, an  additional  fee  of  five dollars to be paid monthly by county clerks to  the commissioner of education, after deducting  twenty-five  cents,  for  deposit  into  the  New  York  state local government records management  improvement fund and an  additional  fifteen  dollars,  after  deducting  seventy-five cents, for deposit to the cultural education account.    (c)  Certification,  issuing  certificates, other papers and copies of  papers, records, and related services, other  than  in  connection  with  papers  or  instruments  relating  to  real  property or filed under the  uniform commercial code.    1. For issuing any certificate, except as otherwise expressly provided  for in this article, in counties  within  the  city  of  New  York,  ten  dollars, 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 all  other counties, five dollars.    4. For issuing a certificate of appointment of a notary  public,  five  dollars.    5.  For  issuing  a  certificate  authenticating  an official act by a  notary public, commissioner of deeds  or  other  public  officer,  three  dollars,  except  that  no  fee  shall be charged for a certificate on a  paper required by the United States veterans' administration.    6. For issuing  an  official  receipt  for  any  instrument  affecting  personal 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,  five  dollars.    9.  No  fee  shall  be  charged  to  any  county  officer, employee or  institution required to file or record any instrument in connection with  the official duties thereof, or to any  public  official  in  connection  with 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 action  or relating to real property, for  a  consecutive  two  year  period  or  fraction  thereof,  for each name so searched, five dollars; except thatin the counties within the  city  of  New  York,  when  the  records  so  searched  are  the  census  records of the state of New York, the charge  shall be one dollar  for  a  consecutive  two-year  period  or  fraction  thereof.    (e)  Production  of records. The production in any action of any filed  or recorded paper, document, map or other instrument which  is  part  of  the  public  records  and  papers of a county clerk's office, except the  papers in an action which have been filed with the county clerk  in  his  capacity  as clerk of the court, is hereby prohibited in the interest of  the safety and preservation thereof, unless the county clerk consents to  such production, or the judge presiding  in  the  court  in  which  such  production  is  sought  so  orders. Instead of the original, a certified  copy of such filed or recorded paper, document, map or other  instrument  shall  be  produced  in  evidence as provided in section 4540 without an  order. In the event that the original is to be produced on order of such  judge, there shall be a fee for each day or part thereof  in  attendance  pursuant  to  a  subpoena duces tecum of twenty dollars and, in addition  thereto, mileage fees  of  twelve  cents  per  mile  each  way  and  the  necessary  expenses  of the messenger, except that if the subpoena duces  tecum be served within the city of New York and the place of  attendance  is within the city of New York, then actual transportation cost shall be  charged instead of the mileage fees. In the event that a certified photo  copy  of the records subpoenaed is produced, there shall be the same fee  as if the original was produced on the order of a judge.    (f) Services rendered pursuant to part four of  article  nine  of  the  uniform commercial code.    1.  For  filing,  indexing  and furnishing filing data for a financing  statement or a continuation statement on a form conforming to  standards  prescribed by the secretary of state, three dollars, or if the statement  otherwise  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  which  are or are to become fixtures, fifty cents and, in addition,    (b)  if  the  real  estate is in the city of New York or the county of  Nassau, any block fees allowed by the administrative code of the city of  New York or the Nassau county administrative code;    (c) for each additional  person,  firm  or  organization,  beyond  the  first, named as a debtor in the statement, seventy-five cents.    2. For filing and indexing an assignment or statement of assignment on  a  form conforming to standards prescribed by the secretary of state, of  a security interest included in or accompanying a termination statement,  three dollars, or if the assignment or statement of assignment otherwise  conforms to the requirements of part four of such article, four  dollars  and  fifty cents, plus, in either case, for each additional person, firm  or organization, beyond the first, named as a debtor in  the  assignment  or statement, seventy-five cents.    3.  For filing and indexing a termination statement, including sending  or delivering the financing statement and  any  continuation  statement,  statement  of  assignment or statement of release pertaining thereto, or  an acknowledgment of the filing of the termination statement, one dollar  and fifty cents and, otherwise, shall be three dollars,  plus,  in  each  case an additional fee of seventy-five cents for each name more than one  against which the termination statement is required to be indexed.    4.  For  filing,  indexing  and furnishing filing data for a financing  statement indicating  an  assignment  of  a  security  interest  in  the  collateral on a form conforming to standards prescribed by the secretary  of  state,  three  dollars,  or  if  the  financing  statement otherwise  conforms to the requirements of part four of such article, four  dollarsand fifty cents, and seventy-five cents for each additional person, firm  or organization, beyond the first, named as a debtor in the statement.    5.  For  filing, indexing and furnishing filing data about a statement  of assignment on a  form  conforming  to  standards  prescribed  by  the  secretary  of state, separate from a financing statement, three dollars,  or if the statement of assignment otherwise conforms to the requirements  of part four of such article, four dollars  and  fifty  cents  plus,  in  either  case,  for  each additional person, firm or organization, beyond  the first, named as a debtor in the statement, seventy-five cents.    6. For filing and noting a statement of release  of  collateral  on  a  form conforming to standards prescribed by the secretary of state, three  dollars,  or  if  the  statement  of  release  otherwise conforms to the  requirements of part four of such article, four dollars and fifty  cents  plus,  in either case, for each additional person, firm or organization,  beyond the first, named as  a  debtor  in  the  statement,  seventy-five  cents.    7.  For  noting the file number and date and hour of the filing of the  original upon  a  copy  thereof  furnished  by  the  person  filing  any  financing  statement, termination statement, statement of assignment, or  statement of release, and delivering or sending the copy to such person,  when the filed statement contains more than one page  or  the  statement  and  copy  are  not  on  forms conforming to standards prescribed by the  secretary of state, an amount equal to the product  of  one  dollar  and  fifty  cents  multiplied  by  the  number  of  pages the filed statement  contains.    8. For issuing a certificate  showing  whether  there  is  on  file  a  presently  effective  financing statement naming a particular debtor and  any  statement  of  assignment  thereof  or  statement  of  release   of  collateral pertaining thereto, and if there is, giving the date and hour  of  filing  of  each  such statement and the names and addresses of each  secured party therein, four dollars and fifty cents if the  request  for  the  certificate  is on a form conforming to standards prescribed by the  secretary 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 assignment  or statement of release, one dollar and fifty cents per page;  provided,  however, that the county clerk may furnish duplicate copies of microfilm  records   of   all   financing   statements,   continuation  statements,  termination statements,  statements  of  assignment  and  statements  of  release  filed  during  any month to any person requesting the same at a  fee, to be determined by the county clerk, of less than one  dollar  and  fifty cents per page.    (g)  Services rendered in relation to federal tax liens filed pursuant  to the lien law.    1. For filing and indexing a notice of lien for taxes payable  to  the  United  States  of  America  and certificates and notices affecting such  liens, four dollars and fifty cents.    2. For issuing a certificate showing whether there is on file  on  the  date  and  hour  stated  therein,  any  notice  of  federal  tax lien or  certificate or notice affecting such lien, filed on or after July third,  nineteen hundred sixty-six, and if there is, giving the date and hour of  filing each such notice or certificate, four dollars and fifty cents.

State Codes and Statutes

Statutes > New-york > Cvp > Article-80 > 8021

§ 8021. County clerks other than as clerks of court. Whenever a county  clerk  renders  a  service  other  than  in his capacity as clerk of the  supreme or a county court, or other than in an action pending in a court  of which he is clerk, he is entitled  to  the  fees  specified  in  this  section, payable in advance.    (a) Services in connection with papers or instruments relating to real  property and not filed under the uniform commercial code.    1. For filing any paper, document or other instrument of any nature or  description  which  is  required  or permitted by law to be filed in his  office, five dollars, except as otherwise  expressly  provided  in  this  article 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, as  prescribed in section fourteen hundred four of the real property actions  and proceedings law, ten dollars.    4.   a.   (1)  For  recording,  entering,  indexing  and  endorsing  a  certificate on any instrument, five dollars, and, in  addition  thereto,  three  dollars  for  each page or portion of a page, and fifty cents for  each additional town,  city,  block  or  other  indices  in  which  such  instrument  is  to be indexed as directed by the endorsement thereon. On  the assignment of a mortgage which assigns more than one mortgage or  on  a  release of lease which releases more than one lease, then there shall  be an additional fee of three dollars for  every  mortgage  assigned  or  lease released in excess of one.    (2)  Notwithstanding  clause  one of this subparagraph, any county may  opt by county law to increase the fee for recording, entering,  indexing  and  endorsing  a  certificate  on  any  instrument from five dollars to  twenty dollars and, in addition thereto, increase from three dollars  to  five  dollars  for  each  page or portion of a page. Such increase shall  take effect thirty days after the  county  enacts  such  fees.  For  the  purpose  of  determining  the appropriate recording fee, the fee for any  cover page shall be deemed an additional page of the instrument. A cover  page shall not include any social security account  number  or  date  of  birth.  To  the  extent a county clerk has placed an image of such cover  page online, such county clerk shall make a good faith effort to  redact  such information.    b.  For  recording,  entering, indexing and endorsing a certificate on  any instrument, an additional fee of five dollars to be paid monthly  by  county   clerks  to  the  commissioner  of  education,  after  deducting  twenty-five cents, for deposit into the New York state local  government  records  management  improvement fund and an additional fifteen dollars,  after  deducting  seventy-five  cents,  for  deposit  to  the   cultural  education account.    5.  For  re-indexing a recorded instrument, two dollars for each town,  city, block or other indices so  re-indexed  upon  presentation  of  the  instrument  with such additional endorsement thereon or, if the original  instrument is not obtainable, by request  in  writing  sworn  to  by  an  interested party, setting forth the facts.    6.  For  copying and mailing any map, such fees as may be fixed by the  county clerk subject to review by the supreme court.    7. For entering a cross reference of the record of any  instrument  on  the  margin of the record of any other instrument referred to therein by  liber and page, fifty cents for each cross reference.    8. For examining the record of each assignment of  mortgage  or  other  instrument  recited  in  a  certificate  of discharge of mortgage, fifty  cents.    9. For searching for any filed or recorded instrument, upon a  written  request specifying the kind of instrument, the location by town, city orblock  if  a  real  property  instrument, and the names and period to be  searched, such fee as may be fixed by the county clerk subject to review  by the supreme court.    10. For filing or recording a notice of pendency of action or a notice  of attachment against real property, or an amended notice of pendancy of  action or an amended notice of action against real property, in counties  within  the  city  of  New  York,  thirty-five dollars, and in all other  counties, fifteen dollars, but no fee shall be  charged  for  filing  or  recording a notice or order continuing or cancelling same.    11.  For  filing federal tax liens payment shall be made in the manner  provided by section two hundred forty-three of the lien law.    (b) Filing, other  than  in  connection  with  papers  or  instruments  relating to real property or filed under the uniform commercial code.    1. For filing any paper, document or other instrument of any nature or  description  which  is  required  or permitted by law to be filed in his  office, five dollars, except as otherwise  expressly  provided  in  this  article, and except that no fee shall be charged for filing a commission  of appointment to public office or an oath of office of a public officer  or employee, other than a notary public or commissioner of deeds.    2. For filing any certificate, instrument or document in relation to a  corporation,  or any certificate pursuant to section forty-nine-a of the  personal property law, or any certificate,  instrument  or  document  in  relation  to  a  joint stock association, limited partnership, continued  use of firm name or registration of hotel name, in counties  within  the  city  of  New  York,  one  hundred  dollars,  and in all other counties,  twenty-five dollars. For filing any certificate pursuant to section  one  hundred  thirty of the general business law, in counties within the city  of New York, one hundred dollars, and in all other counties, twenty-five  dollars. No fee shall be charged for filing proof of  publication  or  a  cancellation, discontinuance or dissolution certificate.    3.  For  filing an assignment of or order for the payment of salary or  wages, in counties within the city of New York, ten dollars, and in  all  other  counties,  five  dollars. No fee shall be charged for filing of a  satisfaction, assignment, cancellation or vacation thereof.    4. For filing a notice of mechanics lien, or a notice of  lending,  in  counties  within  the city of New York, thirty dollars, and in all other  counties, fifteen dollars. No fee shall be charged for filing  a  notice  or  order  continuing, amending or cancelling same, but when a mechanics  lien is discharged by deposit with a clerk of the court, there shall  be  a  fee of three dollars in all counties other than those within the city  of New York.    5. For filing, examining and entering an  absolute  bill  of  sale  of  chattels,  or  any  instrument  affecting  chattels,  or  a  copy of the  foregoing or an assignment of any such instrument, or a satisfaction  of  a  chattel  mortgage or conditional bill of sale, in all counties except  those within the city of New York,  one  dollar  and  fifty  cents.  For  filing,  examining  and  entering  an  assignment of a notice of lien on  merchandise, one dollar and  fifty  cents.  Every  instrument  affecting  chattels  must  be endorsed on the outside thereof with the character of  the instrument, the names of all the parties thereto and the location of  the property affected thereby, which  must  be  distinguished  from  the  address  of  the parties by the words "property located at, " or similar  words.    6. For filing a notice of hospital lien, five dollars. No fee shall be  charged 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 of  New  York,  twenty-five dollars, and in all other counties, ten dollars.No  fee  shall  be  charged  for  filing  a  certificate  or  order   of  satisfaction,  partial satisfaction, modification, assignment, reversal,  cancellation or amendment, of judgment or lien.    8.  For  filing  and indexing a certificate of appointment or official  character of a notary public, or for filing and indexing  a  certificate  of appointment as commissioner of deeds, ten dollars.    9. For filing an assignment of money due on a contract, or an order on  owner,  twenty-five dollars. No fee shall be charged for filing a notice  or order continuing, amending or cancelling same.    10. For filing a building loan contract, in counties within  the  city  of  New  York,  fifty  dollars,  and  in all other counties, twenty-five  dollars.    11. a.  For  recording  any  instrument  required  by  statute  to  be  recorded,  in  counties within the city of New York, ten dollars, and in  all other counties,  five  dollars,  and,  in  addition  thereto,  three  dollars  for  each  page  or portion of a page recorded, except that the  charge for instruments of surrender and orders of commitment required to  be filed and recorded pursuant to section three hundred  eighty-four  of  the  social services law shall be ten dollars per instrument or order in  counties within the city of New York, and in all  other  counties,  five  dollars per instrument or order.    b. For recording any instrument required by statute to be recorded, an  additional  fee  of  five dollars to be paid monthly by county clerks to  the commissioner of education, after deducting  twenty-five  cents,  for  deposit  into  the  New  York  state local government records management  improvement fund and an  additional  fifteen  dollars,  after  deducting  seventy-five cents, for deposit to the cultural education account.    (c)  Certification,  issuing  certificates, other papers and copies of  papers, records, and related services, other  than  in  connection  with  papers  or  instruments  relating  to  real  property or filed under the  uniform commercial code.    1. For issuing any certificate, except as otherwise expressly provided  for in this article, in counties  within  the  city  of  New  York,  ten  dollars, 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 all  other counties, five dollars.    4. For issuing a certificate of appointment of a notary  public,  five  dollars.    5.  For  issuing  a  certificate  authenticating  an official act by a  notary public, commissioner of deeds  or  other  public  officer,  three  dollars,  except  that  no  fee  shall be charged for a certificate on a  paper required by the United States veterans' administration.    6. For issuing  an  official  receipt  for  any  instrument  affecting  personal 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,  five  dollars.    9.  No  fee  shall  be  charged  to  any  county  officer, employee or  institution required to file or record any instrument in connection with  the official duties thereof, or to any  public  official  in  connection  with 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 action  or relating to real property, for  a  consecutive  two  year  period  or  fraction  thereof,  for each name so searched, five dollars; except thatin the counties within the  city  of  New  York,  when  the  records  so  searched  are  the  census  records of the state of New York, the charge  shall be one dollar  for  a  consecutive  two-year  period  or  fraction  thereof.    (e)  Production  of records. The production in any action of any filed  or recorded paper, document, map or other instrument which  is  part  of  the  public  records  and  papers of a county clerk's office, except the  papers in an action which have been filed with the county clerk  in  his  capacity  as clerk of the court, is hereby prohibited in the interest of  the safety and preservation thereof, unless the county clerk consents to  such production, or the judge presiding  in  the  court  in  which  such  production  is  sought  so  orders. Instead of the original, a certified  copy of such filed or recorded paper, document, map or other  instrument  shall  be  produced  in  evidence as provided in section 4540 without an  order. In the event that the original is to be produced on order of such  judge, there shall be a fee for each day or part thereof  in  attendance  pursuant  to  a  subpoena duces tecum of twenty dollars and, in addition  thereto, mileage fees  of  twelve  cents  per  mile  each  way  and  the  necessary  expenses  of the messenger, except that if the subpoena duces  tecum be served within the city of New York and the place of  attendance  is within the city of New York, then actual transportation cost shall be  charged instead of the mileage fees. In the event that a certified photo  copy  of the records subpoenaed is produced, there shall be the same fee  as if the original was produced on the order of a judge.    (f) Services rendered pursuant to part four of  article  nine  of  the  uniform commercial code.    1.  For  filing,  indexing  and furnishing filing data for a financing  statement or a continuation statement on a form conforming to  standards  prescribed by the secretary of state, three dollars, or if the statement  otherwise  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  which  are or are to become fixtures, fifty cents and, in addition,    (b)  if  the  real  estate is in the city of New York or the county of  Nassau, any block fees allowed by the administrative code of the city of  New York or the Nassau county administrative code;    (c) for each additional  person,  firm  or  organization,  beyond  the  first, named as a debtor in the statement, seventy-five cents.    2. For filing and indexing an assignment or statement of assignment on  a  form conforming to standards prescribed by the secretary of state, of  a security interest included in or accompanying a termination statement,  three dollars, or if the assignment or statement of assignment otherwise  conforms to the requirements of part four of such article, four  dollars  and  fifty cents, plus, in either case, for each additional person, firm  or organization, beyond the first, named as a debtor in  the  assignment  or statement, seventy-five cents.    3.  For filing and indexing a termination statement, including sending  or delivering the financing statement and  any  continuation  statement,  statement  of  assignment or statement of release pertaining thereto, or  an acknowledgment of the filing of the termination statement, one dollar  and fifty cents and, otherwise, shall be three dollars,  plus,  in  each  case an additional fee of seventy-five cents for each name more than one  against which the termination statement is required to be indexed.    4.  For  filing,  indexing  and furnishing filing data for a financing  statement indicating  an  assignment  of  a  security  interest  in  the  collateral on a form conforming to standards prescribed by the secretary  of  state,  three  dollars,  or  if  the  financing  statement otherwise  conforms to the requirements of part four of such article, four  dollarsand fifty cents, and seventy-five cents for each additional person, firm  or organization, beyond the first, named as a debtor in the statement.    5.  For  filing, indexing and furnishing filing data about a statement  of assignment on a  form  conforming  to  standards  prescribed  by  the  secretary  of state, separate from a financing statement, three dollars,  or if the statement of assignment otherwise conforms to the requirements  of part four of such article, four dollars  and  fifty  cents  plus,  in  either  case,  for  each additional person, firm or organization, beyond  the first, named as a debtor in the statement, seventy-five cents.    6. For filing and noting a statement of release  of  collateral  on  a  form conforming to standards prescribed by the secretary of state, three  dollars,  or  if  the  statement  of  release  otherwise conforms to the  requirements of part four of such article, four dollars and fifty  cents  plus,  in either case, for each additional person, firm or organization,  beyond the first, named as  a  debtor  in  the  statement,  seventy-five  cents.    7.  For  noting the file number and date and hour of the filing of the  original upon  a  copy  thereof  furnished  by  the  person  filing  any  financing  statement, termination statement, statement of assignment, or  statement of release, and delivering or sending the copy to such person,  when the filed statement contains more than one page  or  the  statement  and  copy  are  not  on  forms conforming to standards prescribed by the  secretary of state, an amount equal to the product  of  one  dollar  and  fifty  cents  multiplied  by  the  number  of  pages the filed statement  contains.    8. For issuing a certificate  showing  whether  there  is  on  file  a  presently  effective  financing statement naming a particular debtor and  any  statement  of  assignment  thereof  or  statement  of  release   of  collateral pertaining thereto, and if there is, giving the date and hour  of  filing  of  each  such statement and the names and addresses of each  secured party therein, four dollars and fifty cents if the  request  for  the  certificate  is on a form conforming to standards prescribed by the  secretary 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 assignment  or statement of release, one dollar and fifty cents per page;  provided,  however, that the county clerk may furnish duplicate copies of microfilm  records   of   all   financing   statements,   continuation  statements,  termination statements,  statements  of  assignment  and  statements  of  release  filed  during  any month to any person requesting the same at a  fee, to be determined by the county clerk, of less than one  dollar  and  fifty cents per page.    (g)  Services rendered in relation to federal tax liens filed pursuant  to the lien law.    1. For filing and indexing a notice of lien for taxes payable  to  the  United  States  of  America  and certificates and notices affecting such  liens, four dollars and fifty cents.    2. For issuing a certificate showing whether there is on file  on  the  date  and  hour  stated  therein,  any  notice  of  federal  tax lien or  certificate or notice affecting such lien, filed on or after July third,  nineteen hundred sixty-six, and if there is, giving the date and hour of  filing each such notice or certificate, four dollars and fifty cents.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cvp > Article-80 > 8021

§ 8021. County clerks other than as clerks of court. Whenever a county  clerk  renders  a  service  other  than  in his capacity as clerk of the  supreme or a county court, or other than in an action pending in a court  of which he is clerk, he is entitled  to  the  fees  specified  in  this  section, payable in advance.    (a) Services in connection with papers or instruments relating to real  property and not filed under the uniform commercial code.    1. For filing any paper, document or other instrument of any nature or  description  which  is  required  or permitted by law to be filed in his  office, five dollars, except as otherwise  expressly  provided  in  this  article 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, as  prescribed in section fourteen hundred four of the real property actions  and proceedings law, ten dollars.    4.   a.   (1)  For  recording,  entering,  indexing  and  endorsing  a  certificate on any instrument, five dollars, and, in  addition  thereto,  three  dollars  for  each page or portion of a page, and fifty cents for  each additional town,  city,  block  or  other  indices  in  which  such  instrument  is  to be indexed as directed by the endorsement thereon. On  the assignment of a mortgage which assigns more than one mortgage or  on  a  release of lease which releases more than one lease, then there shall  be an additional fee of three dollars for  every  mortgage  assigned  or  lease released in excess of one.    (2)  Notwithstanding  clause  one of this subparagraph, any county may  opt by county law to increase the fee for recording, entering,  indexing  and  endorsing  a  certificate  on  any  instrument from five dollars to  twenty dollars and, in addition thereto, increase from three dollars  to  five  dollars  for  each  page or portion of a page. Such increase shall  take effect thirty days after the  county  enacts  such  fees.  For  the  purpose  of  determining  the appropriate recording fee, the fee for any  cover page shall be deemed an additional page of the instrument. A cover  page shall not include any social security account  number  or  date  of  birth.  To  the  extent a county clerk has placed an image of such cover  page online, such county clerk shall make a good faith effort to  redact  such information.    b.  For  recording,  entering, indexing and endorsing a certificate on  any instrument, an additional fee of five dollars to be paid monthly  by  county   clerks  to  the  commissioner  of  education,  after  deducting  twenty-five cents, for deposit into the New York state local  government  records  management  improvement fund and an additional fifteen dollars,  after  deducting  seventy-five  cents,  for  deposit  to  the   cultural  education account.    5.  For  re-indexing a recorded instrument, two dollars for each town,  city, block or other indices so  re-indexed  upon  presentation  of  the  instrument  with such additional endorsement thereon or, if the original  instrument is not obtainable, by request  in  writing  sworn  to  by  an  interested party, setting forth the facts.    6.  For  copying and mailing any map, such fees as may be fixed by the  county clerk subject to review by the supreme court.    7. For entering a cross reference of the record of any  instrument  on  the  margin of the record of any other instrument referred to therein by  liber and page, fifty cents for each cross reference.    8. For examining the record of each assignment of  mortgage  or  other  instrument  recited  in  a  certificate  of discharge of mortgage, fifty  cents.    9. For searching for any filed or recorded instrument, upon a  written  request specifying the kind of instrument, the location by town, city orblock  if  a  real  property  instrument, and the names and period to be  searched, such fee as may be fixed by the county clerk subject to review  by the supreme court.    10. For filing or recording a notice of pendency of action or a notice  of attachment against real property, or an amended notice of pendancy of  action or an amended notice of action against real property, in counties  within  the  city  of  New  York,  thirty-five dollars, and in all other  counties, fifteen dollars, but no fee shall be  charged  for  filing  or  recording a notice or order continuing or cancelling same.    11.  For  filing federal tax liens payment shall be made in the manner  provided by section two hundred forty-three of the lien law.    (b) Filing, other  than  in  connection  with  papers  or  instruments  relating to real property or filed under the uniform commercial code.    1. For filing any paper, document or other instrument of any nature or  description  which  is  required  or permitted by law to be filed in his  office, five dollars, except as otherwise  expressly  provided  in  this  article, and except that no fee shall be charged for filing a commission  of appointment to public office or an oath of office of a public officer  or employee, other than a notary public or commissioner of deeds.    2. For filing any certificate, instrument or document in relation to a  corporation,  or any certificate pursuant to section forty-nine-a of the  personal property law, or any certificate,  instrument  or  document  in  relation  to  a  joint stock association, limited partnership, continued  use of firm name or registration of hotel name, in counties  within  the  city  of  New  York,  one  hundred  dollars,  and in all other counties,  twenty-five dollars. For filing any certificate pursuant to section  one  hundred  thirty of the general business law, in counties within the city  of New York, one hundred dollars, and in all other counties, twenty-five  dollars. No fee shall be charged for filing proof of  publication  or  a  cancellation, discontinuance or dissolution certificate.    3.  For  filing an assignment of or order for the payment of salary or  wages, in counties within the city of New York, ten dollars, and in  all  other  counties,  five  dollars. No fee shall be charged for filing of a  satisfaction, assignment, cancellation or vacation thereof.    4. For filing a notice of mechanics lien, or a notice of  lending,  in  counties  within  the city of New York, thirty dollars, and in all other  counties, fifteen dollars. No fee shall be charged for filing  a  notice  or  order  continuing, amending or cancelling same, but when a mechanics  lien is discharged by deposit with a clerk of the court, there shall  be  a  fee of three dollars in all counties other than those within the city  of New York.    5. For filing, examining and entering an  absolute  bill  of  sale  of  chattels,  or  any  instrument  affecting  chattels,  or  a  copy of the  foregoing or an assignment of any such instrument, or a satisfaction  of  a  chattel  mortgage or conditional bill of sale, in all counties except  those within the city of New York,  one  dollar  and  fifty  cents.  For  filing,  examining  and  entering  an  assignment of a notice of lien on  merchandise, one dollar and  fifty  cents.  Every  instrument  affecting  chattels  must  be endorsed on the outside thereof with the character of  the instrument, the names of all the parties thereto and the location of  the property affected thereby, which  must  be  distinguished  from  the  address  of  the parties by the words "property located at, " or similar  words.    6. For filing a notice of hospital lien, five dollars. No fee shall be  charged 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 of  New  York,  twenty-five dollars, and in all other counties, ten dollars.No  fee  shall  be  charged  for  filing  a  certificate  or  order   of  satisfaction,  partial satisfaction, modification, assignment, reversal,  cancellation or amendment, of judgment or lien.    8.  For  filing  and indexing a certificate of appointment or official  character of a notary public, or for filing and indexing  a  certificate  of appointment as commissioner of deeds, ten dollars.    9. For filing an assignment of money due on a contract, or an order on  owner,  twenty-five dollars. No fee shall be charged for filing a notice  or order continuing, amending or cancelling same.    10. For filing a building loan contract, in counties within  the  city  of  New  York,  fifty  dollars,  and  in all other counties, twenty-five  dollars.    11. a.  For  recording  any  instrument  required  by  statute  to  be  recorded,  in  counties within the city of New York, ten dollars, and in  all other counties,  five  dollars,  and,  in  addition  thereto,  three  dollars  for  each  page  or portion of a page recorded, except that the  charge for instruments of surrender and orders of commitment required to  be filed and recorded pursuant to section three hundred  eighty-four  of  the  social services law shall be ten dollars per instrument or order in  counties within the city of New York, and in all  other  counties,  five  dollars per instrument or order.    b. For recording any instrument required by statute to be recorded, an  additional  fee  of  five dollars to be paid monthly by county clerks to  the commissioner of education, after deducting  twenty-five  cents,  for  deposit  into  the  New  York  state local government records management  improvement fund and an  additional  fifteen  dollars,  after  deducting  seventy-five cents, for deposit to the cultural education account.    (c)  Certification,  issuing  certificates, other papers and copies of  papers, records, and related services, other  than  in  connection  with  papers  or  instruments  relating  to  real  property or filed under the  uniform commercial code.    1. For issuing any certificate, except as otherwise expressly provided  for in this article, in counties  within  the  city  of  New  York,  ten  dollars, 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 all  other counties, five dollars.    4. For issuing a certificate of appointment of a notary  public,  five  dollars.    5.  For  issuing  a  certificate  authenticating  an official act by a  notary public, commissioner of deeds  or  other  public  officer,  three  dollars,  except  that  no  fee  shall be charged for a certificate on a  paper required by the United States veterans' administration.    6. For issuing  an  official  receipt  for  any  instrument  affecting  personal 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,  five  dollars.    9.  No  fee  shall  be  charged  to  any  county  officer, employee or  institution required to file or record any instrument in connection with  the official duties thereof, or to any  public  official  in  connection  with 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 action  or relating to real property, for  a  consecutive  two  year  period  or  fraction  thereof,  for each name so searched, five dollars; except thatin the counties within the  city  of  New  York,  when  the  records  so  searched  are  the  census  records of the state of New York, the charge  shall be one dollar  for  a  consecutive  two-year  period  or  fraction  thereof.    (e)  Production  of records. The production in any action of any filed  or recorded paper, document, map or other instrument which  is  part  of  the  public  records  and  papers of a county clerk's office, except the  papers in an action which have been filed with the county clerk  in  his  capacity  as clerk of the court, is hereby prohibited in the interest of  the safety and preservation thereof, unless the county clerk consents to  such production, or the judge presiding  in  the  court  in  which  such  production  is  sought  so  orders. Instead of the original, a certified  copy of such filed or recorded paper, document, map or other  instrument  shall  be  produced  in  evidence as provided in section 4540 without an  order. In the event that the original is to be produced on order of such  judge, there shall be a fee for each day or part thereof  in  attendance  pursuant  to  a  subpoena duces tecum of twenty dollars and, in addition  thereto, mileage fees  of  twelve  cents  per  mile  each  way  and  the  necessary  expenses  of the messenger, except that if the subpoena duces  tecum be served within the city of New York and the place of  attendance  is within the city of New York, then actual transportation cost shall be  charged instead of the mileage fees. In the event that a certified photo  copy  of the records subpoenaed is produced, there shall be the same fee  as if the original was produced on the order of a judge.    (f) Services rendered pursuant to part four of  article  nine  of  the  uniform commercial code.    1.  For  filing,  indexing  and furnishing filing data for a financing  statement or a continuation statement on a form conforming to  standards  prescribed by the secretary of state, three dollars, or if the statement  otherwise  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  which  are or are to become fixtures, fifty cents and, in addition,    (b)  if  the  real  estate is in the city of New York or the county of  Nassau, any block fees allowed by the administrative code of the city of  New York or the Nassau county administrative code;    (c) for each additional  person,  firm  or  organization,  beyond  the  first, named as a debtor in the statement, seventy-five cents.    2. For filing and indexing an assignment or statement of assignment on  a  form conforming to standards prescribed by the secretary of state, of  a security interest included in or accompanying a termination statement,  three dollars, or if the assignment or statement of assignment otherwise  conforms to the requirements of part four of such article, four  dollars  and  fifty cents, plus, in either case, for each additional person, firm  or organization, beyond the first, named as a debtor in  the  assignment  or statement, seventy-five cents.    3.  For filing and indexing a termination statement, including sending  or delivering the financing statement and  any  continuation  statement,  statement  of  assignment or statement of release pertaining thereto, or  an acknowledgment of the filing of the termination statement, one dollar  and fifty cents and, otherwise, shall be three dollars,  plus,  in  each  case an additional fee of seventy-five cents for each name more than one  against which the termination statement is required to be indexed.    4.  For  filing,  indexing  and furnishing filing data for a financing  statement indicating  an  assignment  of  a  security  interest  in  the  collateral on a form conforming to standards prescribed by the secretary  of  state,  three  dollars,  or  if  the  financing  statement otherwise  conforms to the requirements of part four of such article, four  dollarsand fifty cents, and seventy-five cents for each additional person, firm  or organization, beyond the first, named as a debtor in the statement.    5.  For  filing, indexing and furnishing filing data about a statement  of assignment on a  form  conforming  to  standards  prescribed  by  the  secretary  of state, separate from a financing statement, three dollars,  or if the statement of assignment otherwise conforms to the requirements  of part four of such article, four dollars  and  fifty  cents  plus,  in  either  case,  for  each additional person, firm or organization, beyond  the first, named as a debtor in the statement, seventy-five cents.    6. For filing and noting a statement of release  of  collateral  on  a  form conforming to standards prescribed by the secretary of state, three  dollars,  or  if  the  statement  of  release  otherwise conforms to the  requirements of part four of such article, four dollars and fifty  cents  plus,  in either case, for each additional person, firm or organization,  beyond the first, named as  a  debtor  in  the  statement,  seventy-five  cents.    7.  For  noting the file number and date and hour of the filing of the  original upon  a  copy  thereof  furnished  by  the  person  filing  any  financing  statement, termination statement, statement of assignment, or  statement of release, and delivering or sending the copy to such person,  when the filed statement contains more than one page  or  the  statement  and  copy  are  not  on  forms conforming to standards prescribed by the  secretary of state, an amount equal to the product  of  one  dollar  and  fifty  cents  multiplied  by  the  number  of  pages the filed statement  contains.    8. For issuing a certificate  showing  whether  there  is  on  file  a  presently  effective  financing statement naming a particular debtor and  any  statement  of  assignment  thereof  or  statement  of  release   of  collateral pertaining thereto, and if there is, giving the date and hour  of  filing  of  each  such statement and the names and addresses of each  secured party therein, four dollars and fifty cents if the  request  for  the  certificate  is on a form conforming to standards prescribed by the  secretary 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 assignment  or statement of release, one dollar and fifty cents per page;  provided,  however, that the county clerk may furnish duplicate copies of microfilm  records   of   all   financing   statements,   continuation  statements,  termination statements,  statements  of  assignment  and  statements  of  release  filed  during  any month to any person requesting the same at a  fee, to be determined by the county clerk, of less than one  dollar  and  fifty cents per page.    (g)  Services rendered in relation to federal tax liens filed pursuant  to the lien law.    1. For filing and indexing a notice of lien for taxes payable  to  the  United  States  of  America  and certificates and notices affecting such  liens, four dollars and fifty cents.    2. For issuing a certificate showing whether there is on file  on  the  date  and  hour  stated  therein,  any  notice  of  federal  tax lien or  certificate or notice affecting such lien, filed on or after July third,  nineteen hundred sixty-six, and if there is, giving the date and hour of  filing each such notice or certificate, four dollars and fifty cents.