N.Y. Domestic Relations Law § 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.