CPLR Art 80 Volume 2

Question 1

8013. Expenses of sheriffs.

A sheriff is entitled to reimbursement for having levied property _________

Answer 1

appraised.

Question 2

8013. Expenses of sheriffs.

A sheriff is entitled to reimbursement of all expenses necessarily incurred in the execution of any mandate and in the protection, presentation, transportation or sale of ____________

Answer 2

property.

Question 3

8013. Expenses of sheriffs.

• A sheriff can ask for payment__________ for any expenses they are entitled to be reimbursed for.
• If the sheriff makes an advance payment, they will be repaid out of the proceeds of the sale of the property, if any.

Answer 3

in advance

Question 4

8014. Collection of sheriff’s fees on execution.

The fees of a sheriff, upon an execution against property, which are not required by statute to be paid by a particular person and which are not included in the bill of costs of the party in whose favor the execution is issued, shall be collected by virtue of the execution in the same manner as the sum directed to be collected.

Answer 4

8014. Collection of sheriff’s fees on execution.

The fees of a sheriff, upon an execution against property, which are not required by statute to be paid by a particular person and which are not included in the bill of costs of the party in whose favor the execution is issued, shall be collected by virtue of the execution in the same manner as the sum directed to be collected.

Question 5

8015- County Clerk where Sheriff is a Party or Otherwise Disqualified

• The County Clerk where the Sheriff is disqualified is entitled to the same compensation that the Sheriff would be paid.
• For confining a Sheriff in a house pursuant to a mandate and maintaining him there, _________ per day to be paid by the Sheriff

Answer 5

TWO DOLLARS

Question 6

8016- Clerks of Courts of Record Generally

• Clerks of courts are entitled to fees for conducting day to day proceedings
• excludes clerks of the _______ , clerks of ______, _________, ___________ courts

Answer 6

County……. district, family or civil court

Question 7

8017- Exemption of the State and Counties

• No clerk shall collect a fee from a proceeding involving the _________ or _________
• The exception is an action on behalf of the New York State Higher Education Services Corporation for the collection of a ___________

Answer 7

state or county. …… defaulted student loan

Question 8

8018- Index Number Fees of County Clerks KNOW THIS

A county clerk is entitled to an index number fee of___________ and in an action to foreclose pursuant to the Real Property Actions** and Proceedings Law (RPAPL) an additional fee of _________________

Answer 8

ONE HUNDRED AND NINETY DOLLARS (190.00)……… ONE HUNDRED AND NINETY DOLLARS (190.00).

Question 9

8018- Index Number Fees of County Clerks KNOW THIS

A county clerk is also entitled to an additional ________ collected for the commissioner of education and an additional __________ for deposit to the cultural education account

Answer 9

5.00 ………. 15.00

Question 10

8018- Index Number Fees of County Clerks KNOW THIS

The following cases are exempt from an index number fee:

1. Filing of an order of the _______ or an order of commitment under the ____________
2. An order for a __________ and the filing of those papers with the clerk in the new court
3. Upon the request of a __________ or poor person entitled by law to be exempt from payment of fees
4. Any case in the County Court upon______ from a judgment or order of a lower court
5. A ____________ where the plaintiff is a city, town, village, fire district, school district or board of education

Answer 10

1. appellate term …..mental hygiene law
2. change of venue
3. public agency
4. appeal
   5 . civil cause of action

Question 11

8018- Index Number Fees of County Clerks KNOW THIS

No paper in an action in the Supreme or County Court, other than an order submitted to a judge out of court, shall be submitted without an_____________ endorsed thereon issued by the County Clerk

Answer 11

index number

Question 12

8019- County Clerks Generally

Application.

The fees for county clerk services specified in this article supersede the fees allowed by any other statute, except for the fees set forth in the administrative codes of the city of New York.

• The fees specified in this article do not include the block fees set forth in the Nassau county administrative code or the tax map number verification fees set forth in the Suffolk county administrative code.
• These additional fees must be charged in addition to the fees specified in this article.

Answer 12

8019- County Clerks Generally

Application.

The fees for county clerk services specified in this article supersede the fees allowed by any other statute, except for the fees set forth in the administrative codes of the city of New York. The fees specified in this article do not include the block fees set forth in the Nassau county administrative code or the tax map number verification fees set forth in the Suffolk county administrative code. These additional fees must be charged in addition to the fees specified in this article.

Question 13

8019- County Clerks Generally

Legible copies.

• If a document is not legible for photocopying, the county clerk may require __________ to be submitted along with it.
• The same fees will apply to the _________ as to the original document.

Answer 13

a legible copy… copy

Question 14

8019- County Clerks Generally

Notice to county clerk.

A county clerk does not have to make ______ required by a court order unless they are notified by a party to the action or a person legally interested.

Answer 14

an entry

Question 15

8019- County Clerks Generally

Exemptions for state or city of New York. +

A clerk of a county within ________ cannot charge or receive fees to NYC or state, or any of their agencies or officers acting in their official capacity.

Answer 15

New York City

Question 16

8019- County Clerks Generally

Size of page and type.

The maximum page size for documents accepted by county clerks for recording and indexing is____ inches, except for certain upstate counties where the maximum size is_________ inches. All printed text must be in _________ type or larger.

Answer 16

9X14….. 8.5x14……. 8-point

Question 17

8019- County Clerks Generally

(e) Size of page and type.

A county clerk may accept a page that exceeds the maximum size or has smaller print than required, but only in special circumstances and subject to court review, at a fee that is at least _________ the standard fee.

Answer 17

double

Question 18

8019- County Clerks Generally

(f) Copies of records.

The following fees, up to a maximum of forty dollars per record shall be payable to a county clerk or register for copies of the records except records filed under the uniform commercial code:

1. to prepare a copy of any paper or record on file in the office, except as otherwise provided, __________ per page with a minimum fee of _____________

Answer 18

sixty-five cents ……. one dollar thirty cents;

Question 19

8019- County Clerks Generally

(f) Copies of records.

The following fees, up to a maximum of forty dollars per record shall be payable to a county clerk or register for copies of the records except records filed under the uniform commercial code:

2. to certify a prepared copy of any record or paper on file, _______ per page with a minimum fee of ________ ;

Answer 19

sixty-five cents …… five dollars twenty cents

Question 20

8019- County Clerks Generally

(f) Copies of records.

The following fees, up to a maximum of ________ per record shall be payable to a county clerk or register for copies of the records except records filed under the uniform commercial code:

3. to prepare AND certify a copy of any record or paper on file, ___________ per page with a minimum fee of __________ ;

Answer 20

forty dollars……… one dollar-twenty-five cents……. five dollars

Question 21

8019- County Clerks Generally

(f) Copies of records.

The following fees, up to a maximum of _________ per record shall be payable to a county clerk or register for copies of the records except records filed under the uniform commercial code:

4. to prepare and certify a copy of a certificate of honorable discharge, except as provided for in the military law,____________ ; and

Answer 21

forty dollars ……….. two dollars fifty cents

HINT: We are getting close to the 250th anniversary of the Revolutionary War. 250 years = 2.50 dollars for honorable discharges.

Question 22

8019- County Clerks Generally

(f) Copies of records.

The following fees, up to a maximum of______ per record shall be payable to a county clerk or register for copies of the records except records filed under the uniform commercial code:

5. to prepare a copy of any paper or record on file in the office in a medium other than paper, the actual cost of _______________

Answer 22

forty dollars ……….. reproducing the record

Question 23

8020- County Clerks as Clerks of Court

A County Clerk as clerk of the court for Supreme and County Court is entitled to fees payable in advance.

1. Placing a CASE on a calendar for trial or inquest ____________ , some of which may be for a request for judicial intervention (RJI) which is ______________ on its own

Answer 23

ONE HUNDRED AND TWENTY FIVE DOLLARS (125.00)…………. NINETY FIVE DOLLARS (95.00)

Question 24

8020- County Clerks as Clerks of Court

A County Clerk as clerk of the court for Supreme and County Court is entitled to fees payable in advance.

• For a stipulation of settlement or voluntary discontinuance _______________
• Filing a motion is ___________
• Demand for jury trial is ___________________

Answer 24

FORTY-FIVE…… DOLLARS (45.00) ……….. SIXTY-FIVE DOLLARS (65.00)

Question 25

8021- County Clerks other than as Clerks of Court

Filing mechanics lien, notice of lending - NYC

Answer 25

$30.00

Question 26

8021- County Clerks other than as Clerks of Court

Filing mechanics lien, notice of lending- All other counties

Answer 26

$15.00

Question 27

8021- County Clerks other than as Clerks of Court

Filing a transcript of judgment
(in NYC)

Answer 27

$25.00

Question 28

8021- County Clerks other than as Clerks of Court

Filing a transcript of judgment
(outside NYC)

Answer 28

$ 10.00

Question 29

8021- County Clerks other than as Clerks of Court

Filing or recording notice of pendency (NYC)

Answer 29

$35.00

Question 30

8021- County Clerks other than as Clerks of Court

Filing or recording notice of pendency
(outside NYC)

Answer 30

$15.00

Question 31

8022- Fee on Civil Appeals and Proceedings Before Appellate Courts

• The fee for filing a notice of appeal is ____________
• The clerks of the appellate division of the Supreme Court and the clerk of the Court of Appeals are entitled to a fee of _______________________________________, payable in advance, and a Motion/Cross motion fee of _____________________
• Remember in general fees are not collected from individuals exempt from such, like a person proceeding as a poor person

Answer 31

SIXTY-FIVE DOLLARS (65.00) …………. THREE HUNDRED and FIFTEEN DOLLARS (315.00)……… FORTY-FIVE DOLLARS (45.00)

Question 32

Addendum:

• There are two types of juries. Petit and Grand. A petit jury is one that renders a verdict in a civil or criminal trial level court case. It is to be distinguished from a “grand jury”, which hands down indictments prior to criminal trials.
• A petit (small) jury consists of _________ persons and sometimes, in civil cases only, just ______
• The grand (large) jury typically consists of ________ members but this may differ from state to state depending on the laws of the state in which the grand jury sits.

Answer 32

12……… 6…. 23