N.Y. Civil Practice Law & Rules § 8021: County clerks other than as clerks of court

§ 8021. County clerks other than as clerks of court. Whenever a county

clerk renders a service other than in his capacity as clerk of the

supreme or a county court, or other than in an action pending in a court

of which he is clerk, he is entitled to the fees specified in this

section, payable in advance.

(a) Services in connection with papers or instruments relating to real

property and not filed under the uniform commercial code.

1. For filing any paper, document or other instrument of any nature or

description which is required or permitted by law to be filed in his

office, five dollars, except as otherwise expressly provided in this

article and in article twelve of the real property law.

2. For filing and indexing any map, ten dollars.

3. For affixing and indexing a notice of foreclosure of a mortgage, as

prescribed in section fourteen hundred four of the real property actions

and proceedings law, ten dollars.

4. a. (1) For recording, entering, indexing and endorsing a

certificate on any instrument, five dollars, and, in addition thereto,

three dollars for each page or portion of a page, and fifty cents for

each additional town, city, block or other indices in which such

instrument is to be indexed as directed by the endorsement thereon. On

the assignment of a mortgage which assigns more than one mortgage or on

a release of lease which releases more than one lease, then there shall

be an additional fee of three dollars for every mortgage assigned or

lease released in excess of one.

(2) Notwithstanding clause one of this subparagraph, any county may

opt by county law to increase the fee for recording, entering, indexing

and endorsing a certificate on any instrument from five dollars to

twenty dollars and, in addition thereto, increase from three dollars to

five dollars for each page or portion of a page. Such increase shall

take effect thirty days after the county enacts such fees. For the

purpose of determining the appropriate recording fee, the fee for any

cover page shall be deemed an additional page of the instrument. A cover

page shall not include any social security account number or date of

birth. To the extent a county clerk has placed an image of such cover

page online, such county clerk shall make a good faith effort to redact

such information.

b. For recording, entering, indexing and endorsing a certificate on

any instrument, an additional fee of five dollars to be paid monthly by

county clerks 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.

5. For re-indexing a recorded instrument, two dollars for each town,

city, block or other indices so re-indexed upon presentation of the

instrument with such additional endorsement thereon or, if the original

instrument is not obtainable, by request in writing sworn to by an

interested party, setting forth the facts.

6. For copying and mailing any map, such fees as may be fixed by the

county clerk subject to review by the supreme court.

7. For entering a cross reference of the record of any instrument on

the margin of the record of any other instrument referred to therein by

liber and page, fifty cents for each cross reference.

8. For examining the record of each assignment of mortgage or other

instrument recited in a certificate of discharge of mortgage, fifty

cents.

9. For searching for any filed or recorded instrument, upon a written

request specifying the kind of instrument, the location by town, city or

block if a real property instrument, and the names and period to be

searched, such fee as may be fixed by the county clerk subject to review

by the supreme court.

10. For filing or recording a notice of pendency of action or a notice

of attachment against real property, or an amended notice of pendancy of

action or an amended notice of action against real property, in counties

within the city of New York, thirty-five dollars, and in all other

counties, fifteen dollars, but no fee shall be charged for filing or

recording a notice or order continuing or cancelling same.

11. For filing federal tax liens payment shall be made in the manner

provided by section two hundred forty-three of the lien law.

(b) Filing, other than in connection with papers or instruments

relating to real property or filed under the uniform commercial code.

1. For filing any paper, document or other instrument of any nature or

description which is required or permitted by law to be filed in his

office, five dollars, except as otherwise expressly provided in this

article, and except that no fee shall be charged for filing a commission

of appointment to public office or an oath of office of a public officer

or employee, other than a notary public or commissioner of deeds.

2. For filing any certificate, instrument or document in relation to a

corporation, or any certificate pursuant to section forty-nine-a of the

personal property law, or any certificate, instrument or document in

relation to a joint stock association, limited partnership, continued

use of firm name or registration of hotel name, in counties within the

city of New York, one hundred dollars, and in all other counties,

twenty-five dollars. For filing any certificate pursuant to section one

hundred thirty of the general business law, in counties within the city

of New York, one hundred dollars, and in all other counties, twenty-five

dollars. No fee shall be charged for filing proof of publication or a

cancellation, discontinuance or dissolution certificate.

3. For filing an assignment of or order for the payment of salary or

wages, in counties within the city of New York, ten dollars, and in all

other counties, five dollars. No fee shall be charged for filing of a

satisfaction, assignment, cancellation or vacation thereof.

4. For filing a notice of mechanics lien, or a notice of lending, in

counties within the city of New York, thirty dollars, and in all other

counties, fifteen dollars. No fee shall be charged for filing a notice

or order continuing, amending or cancelling same, but when a mechanics

lien is discharged by deposit with a clerk of the court, there shall be

a fee of three dollars in all counties other than those within the city

of New York.

5. For filing, examining and entering an absolute bill of sale of

chattels, or any instrument affecting chattels, or a copy of the

foregoing or an assignment of any such instrument, or a satisfaction of

a chattel mortgage or conditional bill of sale, in all counties except

those within the city of New York, one dollar and fifty cents. For

filing, examining and entering an assignment of a notice of lien on

merchandise, one dollar and fifty cents. Every instrument affecting

chattels must be endorsed on the outside thereof with the character of

the instrument, the names of all the parties thereto and the location of

the property affected thereby, which must be distinguished from the

address of the parties by the words "property located at, " or similar

words.

6. For filing a notice of hospital lien, five dollars. No fee shall be

charged for filing a satisfaction, partial satisfaction, modification,

assignment, cancellation, discharge of amendment thereof.

7. For filing a transcript of judgment, in counties within the city of

New York, twenty-five dollars, and in all other counties, ten dollars.

No fee shall be charged for filing a certificate or order of

satisfaction, partial satisfaction, modification, assignment, reversal,

cancellation or amendment, of judgment or lien.

8. For filing and indexing a certificate of appointment or official

character of a notary public, or for filing and indexing a certificate

of appointment as commissioner of deeds, ten dollars.

9. For filing an assignment of money due on a contract, or an order on

owner, twenty-five dollars. No fee shall be charged for filing a notice

or order continuing, amending or cancelling same.

10. For filing a building loan contract, in counties within the city

of New York, fifty dollars, and in all other counties, twenty-five

dollars.

11. a. For recording any instrument required by statute to be

recorded, in counties within the city of New York, ten dollars, and in

all other counties, five dollars, and, in addition thereto, three

dollars for each page or portion of a page recorded, except that the

charge for instruments of surrender and orders of commitment required to

be filed and recorded pursuant to section three hundred eighty-four of

the social services law shall be ten dollars per instrument or order in

counties within the city of New York, and in all other counties, five

dollars per instrument or order.

b. For recording any instrument required by statute to be recorded, an

additional fee of five dollars to be paid monthly by county clerks 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.

(c) Certification, issuing certificates, other papers and copies of

papers, records, and related services, other than in connection with

papers or instruments relating to real property or filed under the

uniform commercial code.

1. For issuing any certificate, except as otherwise expressly provided

for in this article, in counties within the city of New York, ten

dollars, and in all other counties, five dollars.

2. For an execution of a judgment, five dollars.

3. For issuing a transcript of the docket of a judgment or other lien,

in counties within the city of New York, fifteen dollars, and in all

other counties, five dollars.

4. For issuing a certificate of appointment of a notary public, five

dollars.

5. For issuing a certificate authenticating an official act by a

notary public, commissioner of deeds or other public officer, three

dollars, except that no fee shall be charged for a certificate on a

paper required by the United States veterans' administration.

6. For issuing an official receipt for any instrument affecting

personal property, two dollars.

7. For a certificate of exemplification, exclusive of certification,

ten dollars.

8. For preparing and certifying a copy of a marriage record, five

dollars.

9. No fee shall be charged to any county officer, employee or

institution required to file or record any instrument in connection with

the official duties thereof, or to any public official in connection

with the filing of his undertaking.

(d) Searches of records not filed under the uniform commercial code.

For certifying to a search of any records, other than those in an action

or relating to real property, for a consecutive two year period or

fraction thereof, for each name so searched, five dollars; except that

in the counties within the city of New York, when the records so

searched are the census records of the state of New York, the charge

shall be one dollar for a consecutive two-year period or fraction

thereof.

(e) Production of records. The production in any action of any filed

or recorded paper, document, map or other instrument which is part of

the public records and papers of a county clerk's office, except the

papers in an action which have been filed with the county clerk in his

capacity as clerk of the court, is hereby prohibited in the interest of

the safety and preservation thereof, unless the county clerk consents to

such production, or the judge presiding in the court in which such

production is sought so orders. Instead of the original, a certified

copy of such filed or recorded paper, document, map or other instrument

shall be produced in evidence as provided in section 4540 without an

order. In the event that the original is to be produced on order of such

judge, there shall be a fee for each day or part thereof in attendance

pursuant to a subpoena duces tecum of twenty dollars and, in addition

thereto, mileage fees of twelve cents per mile each way and the

necessary expenses of the messenger, except that if the subpoena duces

tecum be served within the city of New York and the place of attendance

is within the city of New York, then actual transportation cost shall be

charged instead of the mileage fees. In the event that a certified photo

copy of the records subpoenaed is produced, there shall be the same fee

as if the original was produced on the order of a judge.

(f) Services rendered pursuant to part four of article nine of the

uniform commercial code.

1. For filing, indexing and furnishing filing data for a financing

statement or a continuation statement on a form conforming to standards

prescribed by the secretary of state, three dollars, or if the statement

otherwise conforms to the requirements of part four of such article,

four dollars and fifty cents, plus, in either case,

(a) if the statement covers collateral which is crops or goods which

are or are to become fixtures, fifty cents and, in addition,

(b) if the real estate is in the city of New York or the counties of

Suffolk or Nassau, any block fees allowed by the administrative code of

the city of New York or the Nassau county administrative code or any tax

map number verification fees on instruments presented for recording or

filing allowed by the Suffolk county administrative code;

(c) for each additional person, firm or organization, beyond the

first, named as a debtor in the statement, seventy-five cents.

2. For filing and indexing an assignment or statement of assignment on

a form conforming to standards prescribed by the secretary of state, of

a security interest included in or accompanying a termination statement,

three dollars, or if the assignment or statement of assignment otherwise

conforms to the requirements of part four of such article, four dollars

and fifty cents, plus, in either case, for each additional person, firm

or organization, beyond the first, named as a debtor in the assignment

or statement, seventy-five cents.

3. For filing and indexing a termination statement, including sending

or delivering the financing statement and any continuation statement,

statement of assignment or statement of release pertaining thereto, or

an acknowledgment of the filing of the termination statement, one dollar

and fifty cents and, otherwise, shall be three dollars, plus, in each

case an additional fee of seventy-five cents for each name more than one

against which the termination statement is required to be indexed.

4. For filing, indexing and furnishing filing data for a financing

statement indicating an assignment of a security interest in the

collateral on a form conforming to standards prescribed by the secretary

of state, three dollars, or if the financing statement otherwise

conforms to the requirements of part four of such article, four dollars

and fifty cents, and seventy-five cents for each additional person, firm

or organization, beyond the first, named as a debtor in the statement.

5. For filing, indexing and furnishing filing data about a statement

of assignment on a form conforming to standards prescribed by the

secretary of state, separate from a financing statement, three dollars,

or if the statement of assignment otherwise conforms to the requirements

of part four of such article, four dollars and fifty cents plus, in

either case, for each additional person, firm or organization, beyond

the first, named as a debtor in the statement, seventy-five cents.

6. For filing and noting a statement of release of collateral on a

form conforming to standards prescribed by the secretary of state, three

dollars, or if the statement of release otherwise conforms to the

requirements of part four of such article, four dollars and fifty cents

plus, in either case, for each additional person, firm or organization,

beyond the first, named as a debtor in the statement, seventy-five

cents.

7. For noting the file number and date and hour of the filing of the

original upon a copy thereof furnished by the person filing any

financing statement, termination statement, statement of assignment, or

statement of release, and delivering or sending the copy to such person,

when the filed statement contains more than one page or the statement

and copy are not on forms conforming to standards prescribed by the

secretary of state, an amount equal to the product of one dollar and

fifty cents multiplied by the number of pages the filed statement

contains.

8. For issuing a certificate showing whether there is on file a

presently effective financing statement naming a particular debtor and

any statement of assignment thereof or statement of release of

collateral pertaining thereto, and if there is, giving the date and hour

of filing of each such statement and the names and addresses of each

secured party therein, four dollars and fifty cents if the request for

the certificate is on a form conforming to standards prescribed by the

secretary of state or, otherwise, seven dollars and fifty cents.

9. For furnishing a copy of any filed financing statement,

continuation statement, termination statement, statement of assignment

or statement of release, one dollar and fifty cents per page; provided,

however, that the county clerk may furnish duplicate copies of microfilm

records of all financing statements, continuation statements,

termination statements, statements of assignment and statements of

release filed during any month to any person requesting the same at a

fee, to be determined by the county clerk, of less than one dollar and

fifty cents per page.

(g) Services rendered in relation to federal tax liens filed pursuant

to the lien law.

1. For filing and indexing a notice of lien for taxes payable to the

United States of America and certificates and notices affecting such

liens, four dollars and fifty cents.

2. For issuing a certificate showing whether there is on file on the

date and hour stated therein, any notice of federal tax lien or

certificate or notice affecting such lien, filed on or after July third,

nineteen hundred sixty-six, and if there is, giving the date and hour of

filing each such notice or certificate, four dollars and fifty cents.