2006 New York Code - County Clerks Other Than As Clerks Of Court.

 
    § 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. 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.
    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 or
  block 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  that
  in  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 dollars
  and 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.