2022 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
department 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.