(a) Prima Facie Evidence. A certificate of the officer in charge of the census of the United States, attested by the United States secretary of commerce, giving the result of the census is, except as hereinafter provided, prima facie evidence of such result.
§ 4530.Certificate of population
Article 45. Evidence · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 4530 makes a certified United States census result prima facie evidence of the population it reports, and treats that same census figure, or a corresponding state enumeration certified by the Secretary of State, as conclusive evidence whenever a statute requires population to be determined by the most recent census or enumeration.
Full Text of CPLR 4530
(b) Conclusive Evidence. Where the population of the state or a subdivision, or a portion of a subdivision of the state is required to be determined according to the federal or state census or enumeration last preceding a particular time, a certificate of the officer in charge of the census of the United States, attested by the United States secretary of commerce, as to such population as shown by such federal census, or a certificate of the secretary of state as to such population as shown by such state enumeration, is conclusive evidence of such population.
Plain-English Summary
Plenty of statutes key legal consequences to population, thresholds for how a municipality is classified, how many judges a court gets, which procedural rules apply to a city of a given size. CPLR 4530 supplies the proof. Under subdivision (a), a certificate from the officer in charge of the United States census, attested by the Secretary of Commerce, giving the census result, is prima facie evidence of that result.
Subdivision (b) goes further in a specific situation: where a statute requires population to be determined according to the federal or state census or enumeration last preceding a particular time, the certified figure becomes conclusive evidence of that population, not merely prima facie. The certificate can come from the officer in charge of the federal census, attested by the Secretary of Commerce, for a federal count, or from the New York Secretary of State for a state enumeration.
The distinction between the two subdivisions matters. When a party is only trying to prove what the census showed as one fact among others, subdivision (a)'s prima facie standard applies, and the number can be contested. When a statute specifically pegs a legal consequence to the last census or enumeration, subdivision (b) makes the certified figure conclusive, closing off argument over the population count itself.
Frequently Asked Questions
What is the difference between prima facie and conclusive evidence under CPLR 4530?
Subdivision (a) makes a certified census result prima facie evidence of the population generally, while subdivision (b) makes the certified figure conclusive evidence specifically when a statute requires population to be determined by the last census or enumeration.
Who certifies the census figures under this section?
The officer in charge of the United States census, attested by the Secretary of Commerce, for a federal census, or the New York Secretary of State for a state enumeration.
Can a party dispute a population figure that is conclusive under CPLR 4530(b)?
No. Once the statute triggering subdivision (b) applies and the proper certificate is produced, the figure is conclusive evidence of the population, not subject to contrary proof.
Why does New York law care about proving population figures?
Because many statutes attach legal consequences, court structure, municipal classification, procedural thresholds, to population size, and disputes sometimes arise over what the applicable count was.
Does CPLR 4530 apply to population of a subdivision within the state?
Yes. Subdivision (b) expressly covers the population of the state, a subdivision of the state, or a portion of a subdivision.
Advisory Committee Notes
This section is the same as former § 401, except for a number of minor language changes. Reference to the power of the Secretary of the Interior to certify has been stricken in view of the fact that he has lacked such power since 1903. 32 Stat 767, 825, 826 (1903); see 13 USC §§ 1, 2, 8 (Supp IV, 1957).
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: census certificate evidence New Yorkpopulation certificate prima facie evidenceconclusive evidence of population statuteSecretary of Commerce census attestationstate enumeration population proof