N.Y. Judiciary Law § 309: Duty of stenographers in eighth judicial district

§ 309. Duty of stenographers in eighth judicial district. The

stenographers of the supreme court in the eighth judicial district

appointed pursuant to section one hundred and fifty-nine of this chapter

shall report and transcribe opinions for the justices of the supreme

court, when required, without additional compensation, and shall, within

twenty days after notice by an attorney or party that he intends to

appeal, make a case and exceptions or bill of exceptions in a criminal

or civil action, or that briefs are to be made or arguments prepared in

an action tried before the court without a jury, file with the clerk of

the county in which the venue of such action is laid a transcript of the

minutes taken by him on such trial together with such notice attached

thereto. The stenographer shall be entitled to the amount provided by

the civil practice law and rules as the same is now or may hereafter be

amended, for each folio of transcript so filed, and such amount shall be

paid by the treasurer of the county wherein the venue of such action is

laid, upon the order of the justice presiding at such trial.

The attorney giving such notice and the party shall be jointly and

severally liable for the amount so paid by the county treasurer for such

transcript, unless within six months after the filing of such transcript

such attorney or party shall file with the clerk of the county in which

the venue of such action is laid proof by affidavit that an appeal has

been taken in good faith with the intent to prosecute the same, a case

and exceptions or bill of exceptions in a civil or criminal action has

been made and filed or briefs or arguments have been prepared and made

in an action tried before the court without a jury. If such affidavit is

not filed as aforesaid, the party or his attorney giving such notice

shall pay to the county treasurer on demand, the amount paid by the said

treasurer to the stenographer for such transcript and the treasurer may

recover said amount in his name of office, in an action in any court of

competent jurisdiction against said attorney and party. The provisions

of this section, relating to stenographers making and filing transcripts

of minutes and the payment therefor by the county treasurer, shall not

apply to transcripts of minutes taken by stenographers in civil actions

or proceedings tried or heard in Genesee and Erie counties. The fee for

making and filing such transcripts in Genesee and Erie counties shall be

paid by the attorney or party who shall request such making and filing.