§ 8016.Clerks of courts of record generally

This section is derived from CPA §§ 1553, 1554 and 1555 and part of § 1556.

CPA § 1553 specified the fees of clerks of courts of record generally. It was not applicable by its terms to the clerk of the City Court of the city of New York. By virtue of CPA § 1556, it was also not applicable to the clerks of the counties within the city of New York. Those limitations have been incorporated in the introductory paragraph of this section. In addition, the section has been superseded in many counties by express provisions; for that reason, the introductory paragraph opens with the phrase, “Except where a greater fee is allowed by another statute for the same service.” Since county clerks are clerks of the Supreme and County Courts (County Law § 525), CPA § 1553 was applicable to county clerks, outside the city of New York. Cf. CPA §§ 1553(8), 1556. In that respect, CPA § 1554, which was applicable to county clerks generally, supplemented CPA § 1553; by virtue of CPA § 1556, it, too, was inapplicable to county clerks within the city of New York. Furthermore, that supplementation was not limited to county clerks, for CPA § 1555 provided that the clerk of any court of record was entitled to the fees specified in CPA § 1554 for services he was authorized to perform.

Although CPA § 1555 contained no exception for the clerks of the counties within the city of New York, it apparently was not intended to make CPA § 1554 applicable to those clerks, in view of CPA § 1556’s express limitation. Similarly, it is doubtful that the lack of an exception in CPA § 1555 for the clerk of the City Court of the city of New York was intended to make the provisions of CPA § 1554 applicable, in view of the inapplicability of CPA § 1553.

Thus, CPA §§ 1553 and 1554 each applied to the same clerks: county clerks outside the city of New York, and other clerks of courts of record, except the clerk of the City Court of the city of New York. The difference between the two sections was not clear-cut and it was apparently only historical accident that they have not been previously combined. CPA § 1553 applied to fees for “services in an action or a special proceeding brought in or transferred to the court of which he was clerk,” while CPA § 1554 expressly provided, in subd 12, that a “county clerk is not entitled to any fee under this section for a copy of, or for filing or certifying, any paper in a civil action or special proceeding in a court of which he is ex-officio clerk.” The implication of those provisions was that CPA § 1553 set forth fees of a clerk in his capacity as clerk of the court, and CPA § 1554 set forth fees of a clerk in other capacities—for example, as a recording officer. While it was true that CPA § 1553 was confined to provisions for fees for services rendered in an action or proceeding, CPA § 1554 was not confined to services unrelated to litigation. Indeed, CPA § 1555, by making CPA § 1554 applicable to clerks of courts of record generally, indicated that it applied to some extent to clerks who rendered services only in connection with litigation.

Because there were few services which were covered by both CPA § 1553 and CPA § 1554, there was little difficulty in combining the former sections. In one case—subd 4 of CPA § 1553 and subd 1 of CPA § 1554—where the former provisions overlapped the distinction was expressly stated: subparagraph 4 of subd (a) includes the phrase “in an action brought or transferred to the court of which he is clerk,” while subparagraph 5 does not.

Subd 8 of CPA § 1553 has been omitted. In providing that the clerk was not entitled to any other fees, it was misleading, for there are statutory provisions in particular counties which do provide for other fees. To the extent that it prohibited fees not authorized by statute, it is unnecessary. Its reference to CPA § 1554 is also unnecessary.

Subd 12 of CPA § 1554 has also been omitted. Since it applied only to copying, filing or certifying papers in an action, it had no application to subds 3, 4, 5, 6, 7, 11 and 11-a of the section. Its application to subd 9 was expressly stated in that subdivision. As to the remaining subds, the opening paragraph of subd (a) indicates that a provision for higher fees would supersede the ones provided in the section.

Subparagraphs 1 and 2 of subd (a) of this section are identical with subd 1 and 2 of CPA § 1553, except that reference in the latter subdivision to the “final order in the special proceeding” has been deleted because the final determination in a special proceeding is designated a “judgment” in rule 411–2. Subparagraph 3 of the subdivision is virtually identical with subd 3 of CPA § 1553. Subparagraph 4 of the subdivision is derived from subd 4 of CPA § 1553; as previously noted, the limitation to actions in the opening paragraph of CPA § 1553 has been incorporated to distinguish the provision from subparagraph 5 of this subdivision; the latter is identical with subd 1 of CPA § 1554. Subparagraphs 6 and 7 of the subdivision are identical with subd 6 and 7 of CPA § 1553. Subd 2 of CPA § 1554 has been deleted. As to transcripts, it was covered by subd 7 of CPA § 1553; the latter’s provision for numerous defendants was thus made applicable. The reference to “suspension of the judgment” apparently was intended to cover the procedure in CPA § 518 which has been deleted. See § 5204 and notes. Subparagraphs 8, 9 and 10 of the subdivision are virtually identical with subd 3, 4 and 5 of CPA § 1554. Subd 6 and 7 of CPA § 1554 have been deleted, as the provisions appear, in identical form, as subd 3 and 6 of § 531 of the County Law. Subparagraph 11 of this subd is identical with subd 8 of CPA § 1554. Subd 9 of the latter section is deleted, as its provisions are covered in subd 9 and part of subd 10 of § 531 of the County Law, in slightly altered form. Subparagraph 12 of this subd, with slight clarification of language, is identical with subd 10 of CPA § 1554. The words “veterans bureau” have been changed to “veterans’ administration” in this provision, and in all other provisions in which they appear, since the veterans bureau ceased to exist in 1930, when its functions were taken over by the veterans’ administration. See 46 Stat 1016 (1930). Subparagraphs 13 and 14 are the same as subd 11 and 11-a of CPA § 1554. The words “action or proceeding” have been changed to “action” in the former provision, and in all other provisions in which they appear, since, under § 103(b), all provisions applicable to actions are also applicable to special proceedings.

Subd (b) of this section is derived from subd 5 of CPA § 1553. The introductory material employed in subd (a) is incorporated. See preliminary note to this section. The provision is stated separately, for it prescribes a duty of the clerk as well as the fee to be charged therefor.

Add, L 1962, ch 308, § 1; amd, L 1963, ch 532, § 53, eff Sept 1, 1963; L 1965, ch 437, § 1; L 1969, ch 219, § 2, eff Sept 1, 1969.