2021 New York Laws
CVP - Civil Practice Law and Rules
Article 80 - Fees
8018 - Index Number Fees of County Clerks.

§  8018.  Index number fees of county clerks. (a) Amount of fee.  1. A
county clerk is entitled, for the assignment of an index  number  to  an
action  pending in a court of which he or she is clerk, to a fee of: (i)
one hundred ninety dollars; and (ii) in an action to foreclose  pursuant
to  article  thirteen  of the real property actions and proceedings law,
such clerk is entitled to collect  an  additional  fee  of  one  hundred
ninety dollars. Such fees are payable in advance.
  2. The filing of a transcript of judgment in the county clerk's office
is  not to be deemed an action pending in the supreme or county court of
the county in which it is filed, nor does it constitute the commencement
of an action in such courts.
  3. In addition, a county clerk is entitled, for the assignment  of  an
index  number  to  an  action  pending  in a court of which he or she is
clerk, to the following fee: an additional  five  dollars,  to  be  paid
monthly  by  the  county  clerk  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.
  (b)  Exemptions from index number fee. No fee shall be charged for the
assignment of an index number:
  1. upon the filing of an order of the appellate term  of  the  supreme
court  or  of  an  order  or  certificate of commitment under the mental
hygiene law; or
  2. upon the transfer of papers from the  clerk  of  any  other  court,
pursuant to an order for change of venue; or
  3.  to  a  criminal  case  or to any action at the request of a public
agency, officer or poor person entitled by law to exemption from payment
of fees to a county clerk; or
  4. to any case in a county court on appeal from a judgment or order of
the district court or a town, village or city court; or
  5. to a civil cause of action in which a  city,  town,  village,  fire
district,  district corporation, school district or board of cooperative
educational services is the plaintiff.
  (c) Endorsement of index number on papers. No paper in  an  action  in
the  supreme  or  a  county  court,  other  than  an order submitted for
signature to a judge out of court, shall be submitted for any purpose to
the supreme or county court or  to  a  clerk  thereof  unless  there  is
endorsed  on  such  paper the index number of the action assigned by the
clerk of the county.
  (d) Additional services without fee where  index  number  assigned.  A
county  clerk  who  has assigned an index number shall charge no further
fee in the action to which the index number is assigned:
  1. for the filing,  entering,  indexing,  or  docketing,  and  in  the
counties  within  the  city  of  New York, for recording, as required by
statute, of any and all papers in the action, or preliminary thereto  or
supplementary to judgment;
  2.  for  furnishing an extract of minutes for filing with the clerk of
the court, for affixing a certificate  to  a  filed  paper,  for  taxing
costs, for sealing writs, for issuing commissions, for certifying a copy
of  the clerk's minutes to accompany papers transmitted upon entry of an
order for change of venue, or for entering a judgment in the action;
  3. for  docketing  of  a  satisfaction,  a  partial  satisfaction,  an
assignment,  a reversal, a modification, an amendment, a cancellation or
a continuance of a previous entry or docket of a previously filed  paper
in the action;
  4.  for  certifying  a  copy  of  an order of an appellate term of the
supreme court for transmittal to the civil court of the city of New York

or a city, municipal or district court, or for certifying a copy  of  an
order  for use in a division of the clerk's office or for transmittal to
a city or county treasurer;
  5.  for  docketing of a return of execution, satisfied, unsatisfied or
partially satisfied;
  6. for filing a notice or order continuing or cancelling a  notice  of
pendency of action or a notice of attachment against real property; and
  7. for discharging a judgment of record by deposit with the clerk.