New York State Assembly

 
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A02361 Summary:

A02361 Actions:

A02361 Committee Votes:

Committee:JUDICIARY   Chair:Dinowitz      
DATE:04/30/2019AYE/NAY:18/1  Action: Favorable refer to committee Ways and Means        
Dinowitz
Aye
Palumbo
Aye
Titus
Excused
Montesano
Aye
Lavine
Aye
Goodell
Nay
Zebrowski
Excused
Norris
Aye
Weprin
Aye
Walsh
Aye
Braunstein
Aye
Byrnes
Aye
Simotas
Aye
Quart
Aye
Buchwald
Aye
Steck
Aye
Seawright
Aye
Joyner
Aye
Abinanti
Aye
Wright
Aye
Wallace
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:06/06/2019AYE/NAY:30/1  Action: Favorable refer to committee Rules        
Weinstein
Aye
Barclay
Aye
Lentol
Excused
Crouch
Aye
Schimminger
Aye
Fitzpatrick
Aye
Gantt
Excused
Hawley
Aye
Glick
Aye
Malliotakis
Aye
Nolan
Aye
Montesano
Aye
Pretlow
Aye
Ra
Aye
Perry
Aye
Blankenbush
Aye
Colton
Aye
Palmesano
Aye
Cook
Aye
Norris
Aye
Cahill
Aye
Aubry
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Excused
Weprin
Aye
Rodriguez
Aye
Ramos
Nay
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Simotas
Aye
Dinowitz
Aye
Miller
Excused

Committee:RULES   Chair:Gottfried      
DATE:06/13/2019AYE/NAY:26/0  Action: Favorable         
Heastie
Excused
Kolb
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Aye
Gantt
Excused
Barclay
Aye
Nolan
Excused
Raia
Aye
Weinstein
Aye
Hawley
Aye
Ortiz
Aye
Giglio
Aye
Pretlow
Aye
Malliotakis
Aye
Cook
Excused
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Excused
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye

A02361 Floor Votes:

A02361 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2361
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2019
                                       ___________
 
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Judiciary
 
        AN  ACT  to  amend  the  civil  practice  law  and rules, in relation to
          increasing the fixed fees for services provided by sheriffs
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  8011  of  the  civil  practice law and rules, as
     2  amended by chapter 655 of the laws of 2002, subdivision (h)  as  amended
     3  by chapter 36 of the laws of 2007, is amended to read as follows:
     4    §  8011. Fixed fees of sheriffs. For the services specified, a sheriff
     5  is entitled to the following fees and, where indicated, these  shall  be
     6  paid in advance.
     7    (a) Order of attachment.
     8    1.  For receiving an order of attachment, entering it in the appropri-
     9  ate books, and  return  when  required,  [fifteen]  twenty  dollars,  in
    10  advance.
    11    2.  For levying upon real or personal property, [forty] fifty dollars,
    12  in advance.
    13    3. For each additional levy upon real or personal property  by  virtue
    14  of an order of attachment, [forty] fifty dollars, in advance.
    15    4.  For  serving  a copy of an order of attachment on a defendant, and
    16  for serving a  copy  on  each  additional  defendant,  [fifteen]  twenty
    17  dollars, in advance.
    18    5. For serving a summons with or without a complaint, [fifteen] twenty
    19  dollars, in advance.
    20    6.  For making and filing a description of real property, or an inven-
    21  tory of personal property, levied upon by virtue of an order of  attach-
    22  ment, or an estimate of the value thereof, [fifteen] twenty dollars.
    23    7.  Mileage  for services covered in paragraphs two, three and four of
    24  this subdivision, in advance, provided, however, that where the services
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01272-01-9
        A. 2361                             2
 
     1  covered in such paragraphs are performed at the  same  time  and  place,
     2  there shall be only one mileage fee.
     3    (b) Property execution.
     4    1.  For  receiving  an  execution against property, entering it in the
     5  appropriate books, and return when required, [fifteen]  twenty  dollars,
     6  in  advance,  except  that in an execution which arises out of an action
     7  brought pursuant to article eighteen of the uniform district court  act,
     8  article  eighteen of the uniform city court act, article eighteen of the
     9  New York city civil court act or article eighteen of the uniform justice
    10  court act, the fees provided in this subdivision shall not be  collected
    11  in advance.
    12    2.  For  levying  upon  property  by virtue of an execution, [fifteen]
    13  twenty dollars.
    14    3. For making an inventory of property levied upon  by  virtue  of  an
    15  execution, [fifteen] twenty dollars.
    16    4.  Mileage  for  services covered in paragraphs two and three of this
    17  subdivision, in advance,  provided  however,  that  where  the  services
    18  covered  in  such paragraphs are performed at the same time, there shall
    19  be only one mileage fee.
    20    (c) Income execution; service upon judgment debtor.
    21    1. For receiving an  income  execution,  entering  it  in  appropriate
    22  books, and return when required, [fifteen] twenty dollars, in advance.
    23    2.  For  serving  the  income  execution  upon  the  judgment  debtor,
    24  [fifteen] twenty dollars, in advance.
    25    3. Mileage for service covered in paragraph two of  this  subdivision,
    26  unless such execution is served by mail.
    27    (d)  Income  execution; levy upon default or failure to serve judgment
    28  debtor.
    29    1. For serving an income execution, entering  it  in  the  appropriate
    30  books, and return when required, [fifteen] twenty dollars, in advance.
    31    2. For levying upon the money that the judgment debtor is receiving or
    32  will receive, [fifteen] twenty dollars, in advance.
    33    3.  Mileage  for services covered in paragraph two of this subdivision
    34  unless such levy is made by mail.
    35    (e) Recovery of chattel.
    36    1. For receiving an order to  recover  chattel,  entering  it  in  the
    37  appropriate  books,  and return when required, [fifteen] twenty dollars,
    38  in advance.
    39    2. For executing the order of seizure against the defendant's  chattel
    40  or chattels, [seventy-five] one hundred dollars, in advance.
    41    3.  For executing the order of seizure against the chattel or chattels
    42  of an additional defendant or any other person in whose possession  said
    43  chattel or chattels may be found, [forty] fifty dollars, in advance.
    44    4.  For  serving  an additional copy of the required papers, [fifteen]
    45  twenty dollars, in advance.
    46    5. For serving the summons with  or  without  a  complaint,  [fifteen]
    47  twenty dollars, in advance.
    48    6.  Mileage  for  services  covered in paragraphs two, three, four and
    49  five of this subdivision, in advance, provided however, that  where  the
    50  services  covered  in such paragraphs are performed at the same time and
    51  place, there shall be only one mileage fee.
    52    (f) Summary proceeding.
    53    1. Notice of petition and petition.
    54    (i) For receiving a notice of  petition  and  petition,  obtaining  an
    55  index  number  when  required, entering it in the appropriate books, and
    56  return, [fifteen] twenty dollars, in advance.
        A. 2361                             3
 
     1    (ii) For serving the notice of petition on a tenant or other person in
     2  possession, [fifteen] twenty dollars, in advance.
     3    (iii)  For  serving  the notice of petition on each additional tenant,
     4  undertenant, subtenant, person or persons in possession,  or  person  or
     5  persons  not  in  possession  to be served, [fifteen] twenty dollars, in
     6  advance.
     7    (iv) For making an  affidavit  of  military  or  nonmilitary  service,
     8  [fifteen] twenty dollars for each affidavit, in advance.
     9    (v)  Mileage  for  services covered in subparagraph (ii) of this para-
    10  graph, and where person or persons named  in  the  petition  are  to  be
    11  served  at  an address or addresses other than the premises described in
    12  the petition, additional mileage shall be paid, in advance, except where
    13  two or more notices of petition are to be served at the same time, with-
    14  in the same site or location, there shall be only one mileage fee.
    15    2. Warrant of eviction or any mandate requiring delivery of possession
    16  of real property and removal of person or persons in possession.
    17    (i) For requisitioning, receiving, entering in the appropriate  books,
    18  and  for  the  return  of  a  warrant  of eviction or any other mandate,
    19  [fifteen] twenty dollars, in advance.
    20    (ii) For service of notice of eviction on a person or  persons  to  be
    21  served,  [fifteen]  twenty  dollars  for  each  person  to be served, in
    22  advance.
    23    (iii) Mileage of services covered in subparagraph (ii) of  this  para-
    24  graph,  in  advance, except where two or more notices of eviction are to
    25  be served at the same time, within the  same  site  or  location,  there
    26  shall be only one mileage fee.
    27    (iv)  For executing a warrant of eviction or any mandate requiring him
    28  or her to put a person in  possession  of  real  property  and  removing
    29  person  or persons in possession, [seventy-five] one hundred dollars, in
    30  advance.
    31    (v) Mileage for services covered in subparagraph (iv)  of  this  para-
    32  graph, in advance.
    33    (g) Sales.
    34    1. For posting of notice, including advertising real or personal prop-
    35  erty  for  sale by virtue of an execution, order of attachment, or other
    36  mandate, or in pursuance of a direction contained in a judgment, or  for
    37  a notice of postponement of a sale, [fifteen] twenty dollars.
    38    2.  For drawing and executing a conveyance upon a sale of real proper-
    39  ty, [twenty] twenty-five dollars, to be paid by the grantee, in advance.
    40    3. For attending a sale of real or personal property, [fifteen] twenty
    41  dollars.
    42    4. For conducting a sale of real or personal property, [fifteen] twen-
    43  ty dollars.
    44    5. Mileage for services covered in paragraphs three and four  of  this
    45  subdivision  provided,  however, that where the services covered in such
    46  paragraphs are performed at the same time and place, there shall be only
    47  one mileage fee.
    48    (h) Summons, subpoenas and other mandates.
    49    1. For serving a summons, with or without a complaint or  notice,  for
    50  serving  a  subpoena,  or  for  serving  civil process, [fifteen] twenty
    51  dollars, in advance.
    52    2. For serving or executing an order of arrest, or any  other  mandate
    53  for  the  service  or  execution  of  which no other fee is specifically
    54  prescribed by law, [forty-five] fifty-five dollars, in  advance,  except
    55  that  when  a  court has directed the service of an order of protection,
        A. 2361                             4
 
     1  there shall be no fee for service of  such  order  and  of  any  related
     2  orders or papers to be served simultaneously.
     3    3.  Mileage  for services subject to fees under paragraphs one and two
     4  of this subdivision, in advance.
     5    4. For receiving  a  precept  issued  by  commissioners  appointed  to
     6  inquire  concerning  the  incompetency  of a person, the fee allowed the
     7  clerk by subdivision (a) of section eight thousand twenty of this  arti-
     8  cle  for  placing  a  cause  on the calendar, and for notifying a county
     9  clerk or commissioner of jurors pursuant to such a precept, the fee,  if
    10  any,  allowed  the  clerk  by  subdivision (c) of section eight thousand
    11  twenty of this article for filing a demand for jury trial.
    12    (i) Undertakings; returns; copies.
    13    1. For taking any undertaking which the sheriff is authorized to  take
    14  [one  dollar  and fifty cents] two dollars, and the notary's fees to any
    15  affidavit or acknowledgements.
    16    2. For making a copy of a description or  any  inventory  of  property
    17  levied  upon  by  virtue  of  an order of attachment, or of a summons or
    18  complaint, or other mandate, or an affidavit or any other  paper  served
    19  by him or her, [ten] fifteen dollars, in advance.
    20    3.  For  a certified copy of an execution, and of the return or satis-
    21  faction thereupon, or for a certified copy of any undertaking  which  he
    22  or she is authorized to take, [ten] fifteen dollars.
    23    (j) Prisoners.
    24    1.  For  each  person  committed  to  or discharged from prison, [ten]
    25  fifteen dollars, in advance, to be paid by the person at whose  instance
    26  he or she is imprisoned.
    27    2.  For  attending before an officer for the purpose of surrendering a
    28  prisoner, or receiving into custody a prisoner surrendered, in  exonera-
    29  tion  of  his  or  her  bail,  [ten] fifteen dollars, for all his or her
    30  services upon such a surrender or receipt.
    31    (k) Jurors; view; constables' services.
    32    1. For notifying jurors to attend upon a writ of inquiry, [two]  three
    33  dollars  [and fifty cents] for each juror notified, including the making
    34  and return of the inquisition, when required; and for attending  a  jury
    35  when required in such a case, [twenty-eight] thirty dollars.
    36    2. For attending a view, [ten] fifteen dollars for each day.
    37    3.  For  any services which may be rendered by a constable, other than
    38  those specifically provided for in this section, section eight  thousand
    39  twelve  or  eight thousand thirteen of this article, to the same fees as
    40  are allowed by law to a constable for those services.
    41    § 2. This act shall take effect on the ninetieth day  after  it  shall
    42  have become a law.