(a) Notwithstanding any other provision of this article or any other general, special or local law relating to fees of clerks, no clerk shall charge or collect a fee from the state, or an agency or officer thereof, for any service rendered in an action in which any of them is involved, nor shall any clerk charge or collect a fee for filing, recording or indexing any paper, document, map or proceeding filed, recorded or indexed for the county, or an agency or officer thereof acting in an official capacity, nor for furnishing a transcript, certification or copy of any paper, document, map or proceeding to be used for official purposes.
§ 8017.Exemption of the state and counties, and agencies and officers thereof, from fees of clerks.
Article 80. Fees · Last amended 1988 · Last verified July 21, 2026
In one sentenceCPLR 8017 bars clerks from charging the state or its agencies and officers for services rendered in litigation, and bars charging the county or its agencies and officers for filing, recording, indexing, or copying official papers, with an exception for actions to collect defaulted student loans.
Full Text of CPLR 8017
(b) Notwithstanding any other provision of law the exemption of subdivision (a) of this section shall not apply to the fees of clerks where the action is on behalf of the New York State Higher Education Services Corporation to recover money due as a result of default of a student loan.
Plain-English Summary
CPLR 8017 exempts government litigants and government paperwork from clerk fees. Subdivision (a) provides that no clerk may charge or collect a fee from the state, or an agency or officer of the state, for services rendered in an action involving any of them. The exemption reaches beyond litigation fees: clerks also may not charge for filing, recording, or indexing any paper, document, map, or proceeding submitted for the county, or for a state or county agency or officer acting in an official capacity, and they may not charge for furnishing a transcript, certification, or copy of that material when it serves an official purpose.
Subdivision (b) narrows that exemption in one setting: it does not apply to clerk fees where the New York State Higher Education Services Corporation brings an action to recover money owed on a defaulted student loan. In that circumstance, the corporation, though a state entity, pays the ordinary clerk fees like any other litigant.
The section began as CPLR 8017-a and was renumbered 8017 effective September 1, 1965.
Frequently Asked Questions
Does the state ever pay clerk fees under the CPLR?
Ordinarily no, under CPLR 8017(a). But subdivision (b) removes the exemption for actions the New York State Higher Education Services Corporation brings to collect a defaulted student loan, so it pays the standard clerk fees in that setting.
What is the student loan exception in CPLR 8017?
It provides that the general fee exemption for the state and its agencies does not apply where the action is brought on behalf of the New York State Higher Education Services Corporation to recover money owed because of a defaulted student loan.
Does the exemption in CPLR 8017 cover recording and filing fees, or only litigation fees?
Both. Subdivision (a) exempts fees for services in an action involving the state or its agencies, and separately exempts fees for filing, recording, or indexing papers for the county or a state or county agency or officer, and for furnishing copies used for official purposes.
Was CPLR 8017 always numbered 8017?
No. The history notes show it was originally enacted as CPLR 8017-a in 1963 and renumbered 8017 effective September 1, 1965.
Do county agencies get the same fee exemption as state agencies?
Subdivision (a) exempts filing, recording, and indexing fees for papers submitted for the county or for an agency or officer of the county acting officially, alongside the exemption for the state.
Advisory Committee Notes
This section is new, but it does not substantially change the former law. Formerly, state actions were exempted from index number fees in those counties which prescribed them. See, e. g., CPA §§ 1557-a(II)(a), 1557-c(45)(d). Moreover, certain officers are exempted from particular fees by § 161 of the Executive Law. See also Banking Law § 619(2)(b). This section is intended to remove the confusion formerly caused clerks, who must ascertain which agencies or officers are charged fees and which are not.
Amendment History
Formerly § 8017–a, add, L 1963, ch 670, § 1; renumbered § 8017 and amd, L 1965, ch 147, § 2, eff Sept 1, 1965; L 1964, ch 388, § 31; L 1965, ch 147, § 2; L 1984, ch 858, § 1, eff Aug 5, 1984; L 1988, ch 192, § 1, eff July 31, 1988.
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: state exemption from clerk feesgovernment fee exemption CPLRCPLR 8017 student loan exceptionclerk fee exemption New York