N.Y. Civil Practice Law & Rules § 306-a: Index number in an action or proceeding commenced in supreme or county court

§ 306-a. Index number in an action or proceeding commenced in supreme

or county court. (a) Upon filing the summons and complaint, summons with

notice or petition in an action or proceeding commenced in supreme or

county court with the clerk of the county, an index number shall be

assigned and the fee required by subdivision (a) of section eight

thousand eighteen of this chapter shall be paid. Upon the filing of a

summons and complaint against a person not already a party, as permitted

under section one thousand seven or rule one thousand eleven of this

chapter, the fee required by subdivision (a) of section eight thousand

eighteen of this chapter shall be paid, but a separate index number

shall not be assigned.

(b) If a person other than the plaintiff or third-party plaintiff who

served the summons or third-party summons obtains the index number and

pays the fee therefor, the clerk shall issue an order directing the

plaintiff or the third-party plaintiff to pay such person the amount of

the fee paid. If such fee is not paid within thirty days of service of

the order with notice of entry, the person who paid the fee, in addition

to any other remedies available at law, may apply to the clerk for an

order dismissing the action without prejudice.