(b) Exemptions from index number fee. No fee shall be charged for the
assignment of an index number:
1. upon the filing of an order of the appellate term of the supreme
court or of an order or certificate of commitment under the mental
hygiene law; or
2. upon the transfer of papers from the clerk of any other court,
pursuant to an order for change of venue; or
3. to a criminal case or to any action at the request of a public
agency, officer or poor person entitled by law to exemption from payment
of fees to a county clerk; or
4. to any case in a county court on appeal from a judgment or order of
the district court or a town, village or city court; or
5. to a civil cause of action in which a city, town, village, fire
district, district corporation, school district or board of cooperative
educational services is the plaintiff.
(c) Endorsement of index number on papers. No paper in an action in
the supreme or a county court, other than an order submitted for
signature to a judge out of court, shall be submitted for any purpose to
the supreme or county court or to a clerk thereof unless there is
endorsed on such paper the index number of the action assigned by the
clerk of the county.
(d) Additional services without fee where index number assigned. A
county clerk who has assigned an index number shall charge no further
fee in the action to which the index number is assigned:
1. for the filing, entering, indexing, or docketing, and in the
counties within the city of New York, for recording, as required by
statute, of any and all papers in the action, or preliminary thereto or
supplementary to judgment;
2. for furnishing an extract of minutes for filing with the clerk of
the court, for affixing a certificate to a filed paper, for taxing
costs, for sealing writs, for issuing commissions, for certifying a copy
of the clerk's minutes to accompany papers transmitted upon entry of an
order for change of venue, or for entering a judgment in the action;
3. for docketing of a satisfaction, a partial satisfaction, an
assignment, a reversal, a modification, an amendment, a cancellation or
a continuance of a previous entry or docket of a previously filed paper
in the action;
4. for certifying a copy of an order of an appellate term of the
supreme court for transmittal to the civil court of the city of New York
or a city, municipal or district court, or for certifying a copy of an
order for use in a division of the clerk's office or for transmittal to
a city or county treasurer;
5. for docketing of a return of execution, satisfied, unsatisfied or
partially satisfied;
6. for filing a notice or order continuing or cancelling a notice of
pendency of action or a notice of attachment against real property; and
7. for discharging a judgment of record by deposit with the clerk.
Structure New York Laws
CVP - Civil Practice Law and Rules
8001 - Persons Subpoenaed; Examination Before Trial; Transcripts of Records.
8004 - Commissions of Receivers.
8005 - Commissions of Trustees; Advance Payment of Fees of an Attorney-Trustee.
8006 - Premiums on Undertakings by Fiduciaries.
8008 - Fees and Expenses of Officer to Be Paid Before Transmission of Paper.
8009 - Oaths; Acknowledgments; Certification or Exemplification.
8011 - Fixed Fees of Sheriffs.
8014 - Collection of Sheriff's Fees on Execution.
8015 - County Clerk Where Sheriff Is a Party or Otherwise Disqualified.
8016 - Clerks of Courts of Record Generally.
8017 - Exemption of the State and Counties, and Agencies and Officers Thereof, From Fees of Clerks.
8018 - Index Number Fees of County Clerks.
8019 - County Clerks Generally.
8020 - County Clerks as Clerks of Court.
8021 - County Clerks Other Than as Clerks of Court.
8022 - Fee on Civil Appeals Proceedings Before Appellate Courts.