CPLR ART 80 VOLUME 1

Question 1

8001- Persons Subpoenaed

A person whose attendance is compelled by subpoena whether testimony is taken or not shall receive for each days attendance _____________ and an additional _______ as travel expenses per mile, however there shall be no mileage fee for travel wholly within a city, in other words you will not be reimbursed for the subway to get from Queens to Brooklyn to testify

Answer 1

FIFTEEN DOLLARS………. .23 cents

Question 2

8001- Persons Subpoenaed

If a person is subpoenaed for an __________ , they shall receive an additional ___________ for each days attendance

Answer 2

examination before trial (EBT).. THREE DOLLARS

Question 3

8001- Persons Subpoenaed

When the preparation of a transcript of record is required, the person subpoenaed shall receive an additional fee of _________ per folio upon demand

Answer 3

.10 cents

Question 4

8002- Stenographers

A stenographer is entitled to a fee as set forth in the rules promulgated by the chief administrator of the courts for a transcript of their stenographic notes

Answer 4

8002- Stenographers

A stenographer is entitled to a fee as set forth in the rules promulgated by the chief administrator of the courts for a transcript of their stenographic notes

Question 5

8003- Referees

Referees are entitled for each day spent _________ for their work unless a different amount is fixed by the court or by the consent of the parties

Answer 5

FIFTY DOLLARS

Question 6

8003- Referees

A Referee appointed for the sale of real property is allowed the same fees and disbursements as those allowed to a _________

Answer 6

Sheriff

Question 7

8003- Referees

Where a referee is required to take security upon a sale, or to distribute, apply or ascertain and report upon the distribution or application of any of the proceeds of the sale, they are also entitled to _______ of the commissions upon the amount secured

Answer 7

one-half

Question 8

8003- Referees

A referee’s compensation including commissions upon a sale pursuant to a judgment in any action cannot exceed ___________ DOLLARS, unless the property sold for _____________ DOLLARS or more, then it is in the discretion of the court

Answer 8

500……….. 50,000

Question 9

8004- Commissions of Receivers

Receivers are entitled to commissions not exceeding ______ upon the sums received and disbursed by him. A minimum sum payable to the receiver of _________ may be set by the court.

Hint:Think of the Roman numeral for 5. “V” - Receiver

Answer 9

5.00%……….. $100.00

Question 10

8005- Commissions of Trustees

The commission for trustees shall be based in the same manner and amount as provided for testamentary trustees in the ___________

Answer 10

Surrogate’s Court Procedure Act

Question 11

8006- Premiums on Undertakings by Fiduciaries

Fiduciary premiums should not exceed _________ per annum on the amount of their undertaking.

Answer 11

1.00%

Hint: “F1duc1ary”

Question 12

8007- Printers

Proprietors of newspapers are entitled to compensation for publishing summons,notice or other court orders and can get __________ cents per line they print or more based on the size of the circulation of the newspaper they are publishing

Answer 12

0.29

Question 13

8008- Fees and Expenses of Officer to be Paid

Each provision of law requiring a judge, clerk or other officer to transmit a paper to another officer for the benefit of a party shall be an expense to the _______ party

Answer 13

benefiting

Question 14

8010- County Treasurers
County treasures are entitled to

________ of money paid out of court by him

Answer 14

2%

Question 15

8010- County Treasurers
County treasures are entitled to

________ of money invested by him,

Answer 15

0.50%

Question 16

8010- County Treasurers
County treasures are entitled to

_________ of the par value of investments transferred or assigned out of court by him, when the investments have been made by him;

Answer 16

two percent

Question 17

8010- County Treasurers
County treasures are entitled to

_______ percent of the par value of securities deposited into court and received by him, to be paid at the time of the deposit by the parties making it; and

Answer 17

two

Question 18

8010- County Treasurers
County treasures are entitled to

___________ for each certificate issued by him certifying as to the amount of deposit to the credit of court funds.

Answer 18

one dollar

Question 19

8012. Mileage fees, poundage fees, additional compensation, and limitation on compensation of sheriffs.

A sheriff is entitled to be reimbursed for mileage at the current _______for serving or executing mandates, attending views, etc.

Answer 19

IRS rate

Question 20

8012. Mileage fees, poundage fees, additional compensation, and limitation on compensation of sheriffs.

The sheriff of New York City is entitled to a mileage fee of ____ for mileage traveled wholly within the city. Starting one year after the effective date of the chapter of the laws of 2013, the fee will increase to_______

The mileage reimbursements are payable in advance.

Answer 20

$30.00….. $35.

Question 21

8012. Mileage fees, poundage fees, additional compensation, and limitation on compensation of sheriffs.

Poundage fees.

A sheriff is entitled to a poundage of ______ of the sum collected in New York City and ______ of the first ___________ collected in other counties, plus ___________ of the remaining sum collected.

Answer 21

5% …….5%……$250,000 ……… 3%

Question 22

8012. Mileage fees, poundage fees, additional compensation, and limitation on compensation of sheriffs.

Poundage fees.

If an attachment is vacated or set aside, the sheriff is entitled to poundage on the value of the property levied upon, up to a maximum of _________ . The party who filed the lawsuit or motion to discharge the attachment is liable to pay the poundage.

Answer 22

$1 million

Question 23

8012. Mileage fees, poundage fees, additional compensation, and limitation on compensation of sheriffs.

A sheriff may also be awarded reasonable __________ fees and _________ costs.

Answer 23

Attorney’s…. court

Question 24

8013. Expenses of sheriffs.

A sheriff is entitled to reimbursement for ____________ relating to the sale of property seized by judgment paid by him for the publication of a notice of the sale.

Answer 24

printer’s fees

Question 25

8013. Expenses of sheriffs.

If the notice relating to the sale of property is published more than __________ times or the sale is postponed, the person who requested the publication must pay for the additional publication costs.

Answer 25

four

Question 26

8013. Expenses of sheriffs.

If the sheriff has two or more executions against the property of one judgment debtor, they are only entitled to reimbursement for printer’s fees for the execution issued upon the judgment that was ____________ in the county.

Answer 26

first docketed