2019 New York Laws
DOM - Domestic Relations
Article 3 - Solemnization, Proof and Effect of Marriage
19 - 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  or
her 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 United States department of veterans affairs or  by  the
division  of  veterans'  services 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 United States department of veterans affairs 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.