2006 New York Code - Records To Be Kept By Town And City Clerks.

 
    §  19.  Records  to  be kept by town and city clerks. 1. Each town and
  city clerk hereby empowered to issue marriage licenses shall keep a book
  supplied by the state department of health in  which  such  clerk  shall
  record  and  index  such  information as is required therein, which book
  shall be kept and preserved as a part  of  the  public  records  of  his
  office. Whenever an application is made for a search of such records the
  city  or  town  clerk, excepting the city clerk of the city of New York,
  may make such search and furnish a certificate  of  the  result  to  the
  applicant  upon the payment of a fee of five dollars for a search of one
  year and a further fee of one dollar for the second year for which  such
  search is requested and fifty cents for each additional year thereafter,
  which  fees  shall  be  paid  in  advance  of such search.   Whenever an
  application is made for a search of such records  in  the  city  of  New
  York,  the  city  clerk of the city of New York may make such search and
  furnish a certificate of the result to the applicant upon the payment of
  a fee of five dollars for a search of one year and a further fee of  one
  dollar for the second year for which search is requested and fifty cents
  each additional year thereafter.  Notwithstanding any other provision of
  this article, no fee shall be charged for any search or certificate when
  required  by the veterans administration or by the division of veterans'
  affairs of the  state  of  New  York  to  be  used  in  determining  the
  eligibility  of any person to participate in the benefits made available
  by the veterans administration or by the state of  New  York.  All  such
  affidavits,  statements  and  consents,  immediately  upon the taking or
  receiving of the same by the town or city clerk, shall be  recorded  and
  indexed  as  provided  herein  and  shall  be public records and open to
  public inspection whenever the same may be  necessary  or  required  for
  judicial  or  other  proper  purposes. At such times as the commissioner
  shall direct, the said town or city clerk, excepting the city  clerk  of
  the  city  of New York, shall file in the office of the state department
  of health the original of each affidavit, statement, consent, order of a
  justice  or  judge  authorizing  immediate  solemnization  of  marriage,
  license and certificate, filed with or made before such clerk during the
  preceding  month.  Such  clerk shall not be required to file any of said
  documents with the state department  of  health  until  the  license  is
  returned  with  the  certificate showing that the marriage to which they
  refer has been actually performed.
    The county clerks of the counties comprising  the  city  of  New  York
  shall  cause  all  original  applications and original licenses with the
  marriage solemnization statements thereon heretofore  filed  with  each,
  and  all  papers  and  records  and  binders  relating  to such original
  documents pertaining to marriage licenses issued by said city clerk,  in
  their  custody  and possession to be removed, transferred, and delivered
  to the borough offices of the city clerk in each of said counties.
    2. (a) In lieu of the requirement of maintaining a  book  supplied  by
  the  state department of health pursuant to subdivision one hereof, each
  town or city clerk may cause all information as is required  by  law  or
  rule  or  regulation  of  the  department to be kept in such books to be
  photocopied, photographed, microphotographed or reproduced on film which
  shall be kept and preserved as part of the public records of his  office
  together  with  an  index  thereto.  Such  photographic film shall be of
  durable material and the device used to reproduce such records  on  such
  film shall be one which accurately reproduces the original record in all
  details.
    (b)  Such  photocopy  or  photographic  film  shall be deemed to be an
  original record for all purposes, including introduction in evidence  in
  all  courts or administrative agencies. A transcript, exemplification or
  certified copy thereof shall, for  all  purposes,  be  deemed  to  be  a
  transcript, exemplification or certified copy of the original.