New York Laws
Article 3 - Jurisdiction and Service, Appearance and Choice of Court
306-A - Index Number in an Action or Proceeding Commenced in Supreme or County Court.

(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.

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