N.Y. Judiciary Law § 91: Designation and compensation of papers in first, second, tenth and eleventh judicial districts for publication of calendars and notices

§ 91. Designation and compensation of papers in first, second, tenth

and eleventh judicial districts for publication of calendars and

notices. 1. The justices of the appellate division in the first

department, or a majority of them, shall be vested with and exercise

from time to time the power to designate a daily law journal, published

in the first judicial department, in which shall be published all

calendars of such courts of record in and for the first judicial

department as such justices shall select, together with every notice and

advertisement of judicial proceedings which shall be required to be

published in one or more papers in such judicial department. Such

calendars, unless otherwise provided by the justices of the appellate

division, shall contain the numbers and titles of the causes and names

of the attorneys appearing therein, with such particulars and notices in

respect to such calendars or the causes thereon as may be specified by

the clerk of the appellate division under the order of the appellate

division.

2. The justices of the appellate division in the second department, or

a majority of them, are hereby authorized to contract, from year to

year, for the payment to the owner of the daily law journal designated

pursuant to law by the justices of the appellate division in the first

department for the publication of legal notices, of such compensation as

they deem to be fair and reasonable for publishing calendars, decisions,

opinions, disposition of cases, judgments, notices of pendency, liens,

assignments, appointments of referees and receivers, assignments of

justices and judges and other similar matters relating to the courts in

the second, tenth and eleventh judicial districts; but this shall not in

any way be construed to include notices or advertisements in actions or

judicial proceedings required by law to be published in one or more

newspapers.

The amount of such compensation shall be annually included in the

budget of the appellate division in the second department. Such

compensation shall be certified by the presiding justice of such

department to the state comptroller who shall audit the same. The state

department of taxation and finance shall pay such compensation and shall

apportion the same among the counties comprising the second, tenth and

eleventh judicial districts. Such counties shall reimburse the state for

such compensation. The time and method of such apportionment and the

time and method of such reimbursement shall be as specified in section

seventy-four of this chapter.

3. The justices of the appellate division in the first department, or

a majority of them, shall, any provision of law to the contrary

notwithstanding, from time to time designate such newspapers in such

department as in their opinion have such a circulation as is calculated

to give public notice of a legal publication, and from time to time

revoke such designation. To entitle a newspaper to such a designation,

it must file with the clerk of the appellate division a statement, duly

verified, showing approximately the size and extent of its circulation,

the time and place of its regular publication, and a statement of its

charges for legal publications.

Whenever a notice, summons, citation, order or other paper shall be

required by any provision of law, or by the order of any court or judge

thereof, or of a surrogate or of the clerk of a court or any other

official or individual, to be published in a newspaper in the first

department, or public notice of any application to a court or judge or

other officer shall be required to be given by publication thereof in a

newspaper in the first department, or where any court or judge thereof

or a surrogate or other judicial officer or public officer is authorized

or required to designate a newspaper in the first department for the

publication of any notice, summons, citation, order or other paper, the

newspaper designated by any court or judge thereof, or surrogate or

other judicial or public officer, shall be a newspaper designated by the

appellate division of the supreme court in the first department as

hereinbefore provided, and no such publication shall be deemed to give

the notice required to be given if the same is published in any

newspaper in the first department which has not been designated by an

order of the appellate division of the supreme court in the first

department; and the publication of such notice, summons, citation, order

or other paper in any undesignated newspaper in the first department

shall not be deemed a compliance with any such provision of law or order

of any court or judge.