2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 80 - (8001 - 8022) FEES
8012 - Mileage fees, poundage fees, additional compensation, and limitation on compensation of sheriffs.

 
    §  8012.  Mileage  fees,  poundage  fees, additional compensation, and
  limitation on compensation of sheriffs. (a) Mileage fees. A  sheriff  is
  entitled  to  the  current  federal  internal  revenue  service  mileage
  reimbursement rate for each mile necessarily travelled in performing the
  following services, payable in advance:
    1. in serving or executing a mandate upon or against  one  person,  or
  upon  or  against  two  or  more  persons  in the course of one journey,
  computed from the nearest office of the sheriff in  the  county  to  the
  place of service or execution, and return;
    2.  in serving or executing two or more mandates in one action upon or
  against one person at one time, computed from the nearest office of  the
  sheriff  in the county to the place of service or execution, and return;
  and
    3. in attending a view,  computed  from  the  nearest  office  of  the
  sheriff in the county to the place of attendance, and return.
    (b) Poundage fees.
    1.  A  sheriff  is  entitled,  for  collecting  money  by virtue of an
  execution, an order of attachment, or an attachment for the  payment  of
  money  in  an action, or a warrant for the collection of money issued by
  the comptroller or by a county treasurer or by any agency of  the  state
  or  a  political subdivision thereof, or for collecting a fine by virtue
  of a commitment for civil contempt, to  poundage  of,  in  the  counties
  within  the  city of New York, five per cent of the sum collected and in
  all other counties, five per cent  upon  the  first  two  hundred  fifty
  thousand  dollars  collected, and three per cent upon the residue of the
  sum collected.
    2. Where a settlement is made after a levy by virtue of service of  an
  execution,  the  sheriff  is  entitled  to poundage upon the judgment or
  settlement amount, whichever is less. Where an execution is  vacated  or
  set aside after levy, the sheriff is entitled to poundage upon the value
  of  the  property levied upon, not exceeding the amount specified in the
  execution, and the court may order the party liable therefor to pay  the
  same to the sheriff.
    3.  Where a settlement is made, either before or after judgment, after
  a levy by virtue of service of an order of attachment,  the  sheriff  is
  entitled  to  poundage upon the judgment or settlement amount, whichever
  is less. Where an order of attachment is  vacated  or  set  aside  after
  levy, the sheriff is entitled to poundage upon the value of the property
  levied  upon,  not  exceeding  the  amount  specified  in  the  order of
  attachment, and the court may order the  party  at  whose  instance  the
  order of attachment was granted to pay the same to the sheriff. Where an
  order  of  attachment is otherwise discharged by order of the court, the
  sheriff is entitled to the same poundage, to be paid  by  the  party  at
  whose instance the order of attachment is discharged, and the sheriff is
  entitled  to retain the property levied upon until the poundage is paid.
  The maximum amount upon which poundage shall  be  computed,  if  such  a
  settlement  is  made or the order of attachment is vacated or set aside,
  is one million dollars.
    4. Where a settlement is made (i) after service of an income execution
  upon the debtor pursuant to subdivision (d) of section fifty-two hundred
  thirty-one of this chapter or upon the garnishee pursuant to subdivision
  (e) of section fifty-two hundred thirty-one of  this  chapter,  or  (ii)
  after  issuance  of  a  property execution pursuant to section fifty-two
  hundred thirty of  this  chapter  and  levy  against  personal  or  real
  property  pursuant  to section fifty-two hundred thirty-two or fifty-two
  hundred thirty-five of this chapter, the sheriff is entitled to poundage
  upon the judgment amount or settlement amount, whichever is less.  Where
  an  income or property execution is vacated or set aside after levy, the

  sheriff is entitled to poundage upon the value of  the  property  levied
  upon, not exceeding the amount specified in the execution, and the court
  may order the party liable therefor to pay the same to the sheriff.
    5. A sheriff who brings an action in a court of competent jurisdiction
  to  collect  such  amount  provided  for in this subdivision may also be
  awarded reasonable attorney's fees and court costs.
    (c) Additional compensation.  A  sheriff  is  entitled  in  any  case,
  including an instance in which a mandate has been stayed, vacated or set
  aside,  or  a  settlement has been made after a levy, to such additional
  compensation for his trouble and expenses in taking  possession  of  and
  preserving  property  under  any  mandate  or  in  removing  a person in
  possession of real property and the said person's property, as the court
  allows, and the court may make  an  order  requiring  the  party  liable
  therefor to pay the same to the sheriff.
    (d) Mileage fees in the city of New York. For mileage travelled wholly
  within the city of New York the sheriff of the city of New York shall be
  entitled  to  twenty-five  dollars  payable  in  advance, as provided in
  section eight thousand eleven of this chapter.