A county clerk is entitled for the services specified to the following fees: 1. for performing any duty of a sheriff in an action in which the sheriff, for any cause, is disqualified, the same compensation to which a sheriff is entitled for the same services; and 2. for confining a sheriff in a house by virtue of a mandate, and maintaining him while there, two dollars for each day, to be paid by the sheriff, before he is entitled to be discharged.
§ 8015.County clerk where sheriff is a party or otherwise disqualified
Article 80. Fees · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 8015 lets a county clerk step in and earn a sheriff's usual fees when the sheriff cannot act because of disqualification, and sets a daily fee the clerk charges a confined sheriff.
Full Text of CPLR 8015
Plain-English Summary
CPLR 8015 addresses the case where the sheriff cannot perform a duty in an action because the sheriff is, for any reason, disqualified. When the county clerk performs that duty in the sheriff's place, the clerk is entitled to the same compensation the sheriff would have received for the same service.
The section also covers a distinct situation: confining a sheriff in a house under a mandate. The county clerk who maintains the sheriff there charges two dollars for each day of confinement, and the sheriff must pay that amount before being discharged.
Frequently Asked Questions
When does a county clerk perform a sheriff's duties under CPLR 8015?
When the sheriff is, for any cause, disqualified from performing a duty in an action, the county clerk performs that duty instead.
What fee does the county clerk earn for stepping in for a disqualified sheriff?
The clerk is entitled to the same compensation to which the sheriff would have been entitled for the same services.
What is the daily fee for confining a sheriff under this section?
The county clerk charges two dollars for each day the sheriff is confined in a house under a mandate.
Who pays the fee for confining a sheriff?
The sheriff pays the confinement fee to the county clerk, and must do so before being discharged from confinement.
Why would a sheriff be disqualified from acting in a case?
CPLR 8015 does not itself list the grounds for disqualification; it provides only that whenever the sheriff is disqualified for any reason, the county clerk performs the sheriff's duty in the action and earns the sheriff's usual fee for it.
Advisory Committee Notes
This section is virtually identical with CPA § 1560, except that “county clerk” has been substituted for “coroner.”
Amendment History
Add, L 1962, ch 308, § 1; amd, L 1963, ch 532, § 52, 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: county clerk sheriff disqualifiedsheriff confinement feetwo dollars a day confined sheriff feesheriff is a party who performs the sheriff's duty