New York State - Judiciary - JUD - Article 8
ARTICLE 8 Clerks
Section 250. Clerk not to practice in his court.
251. Clerks in courts of record within the territory of the first, second, tenth and eleventh judicial districts not to be appointed referees, receivers, or commissioners.
251-a. Confidential clerks to justices of supreme court not to be appointed referees, receivers or commissioners.
252. Clerks not to receive fees except as prescribed by law.
253. Clerk's fees upon naturalization.
254. Reports by clerks to state officers.
255. Clerk must search files upon request and certify as to result.
255-a. Power of courts over docket.
255-b. Dockets of clerks to be public.
255-c. Uniform transcript and certificate act.
256. Duties of clerk of court of appeals.
257. Power of clerk of court of appeals as to assistants and deputy.
258. Powers and duties of deputy clerks of court of appeals.
259. Duties of clerk to judge of court of appeals.
260. Salary of clerk of court of appeals.
261. Salary of deputy clerk of court of appeals.
262. Compensation of clerks to judges of court of appeals.
263. Salary of law clerk of court of appeals.
264. Duties of clerk of appellate division in each department.
265. Fees of clerk of appellate division; in each judicial department; justices thereof to make rules.
265-a. Deputy clerk or attendant of appellate division in third department to act as librarian.
266. Consultation clerks of appellate division in third and fourth departments.
267. Certificates of appointment of clerks of the appellate division in third and fourth departments.
268. Compensation of clerks and deputy clerks of appellate division.
269. Salary of clerks to justices of appellate division of first and second departments.
270. Special deputy appointed by justices of the appellate division in first department.
271. Clerks of supreme court not required to attend special term in certain cases.
271-a. Appointment of administrative clerk in fifth judicial district.
272. Duty of confidential clerks to justices of supreme court in second, ninth and tenth districts.
273. Salary of clerks to justices of supreme court.
274. Duty of special deputy clerks for the supreme court in Queens county.
275. Salary of special deputy clerks for the supreme court in Queens county.
281. Salary of confidential clerks to county judges of Kings, Queens, Erie, Nassau, Onondaga, Rockland, Dutchess and Saint Lawrence counties and to special county judge of Erie county.
282. Business hours in offices of clerks of courts of record in New York city.
282-a. Extension of time for filing papers with clerks of court.
283. (No section heading).
§ 250. Clerk not to practice in his court. The clerk, deputy clerk, or special deputy clerk of a court shall not, during his continuance in office, practice as attorney or counsellor in that court.
§ 251. Clerks in courts of record within the territory of the first, second, tenth and eleventh judicial districts not to be appointed referees, receivers, or commissioners. No person holding the office of clerk, deputy clerk, special deputy clerk, assistant special deputy clerk, or assistant in the clerk's office, of a court of record within the first, second, tenth and eleventh judicial districts or territory comprising the same, shall hereafter be appointed by any court or judge, a referee, receiver or commissioner; except that a person holding such office who is an attorney in good standing admitted to practice in the state may be appointed as a referee to serve without fee where authorized by any provision of the civil practice law and rules or any other law.
§ 251-a. Confidential clerks to justices of supreme court not to be appointed referees, receivers or commissioners. No person holding the office of confidential clerk or law secretary to a justice of the supreme court shall hereafter be appointed by any court or judge in any action or proceeding instituted in the supreme court, a referee, receiver or commissioner, except that in uncontested matrimonial actions, a confidential clerk or law secretary who is an attorney in good standing admitted to practice in the state may be appointed by an administrative judge to serve without fee as a referee for the purpose of hearing and reporting to the court.
§ 252. Clerks not to receive fees except as prescribed by law. Each clerk of a court must perform all the duties required of him, in the course and practice of the court, without fee or reward, except as expressly prescribed by law.
§ 253. Clerk's fees upon naturalization. The clerk of any court, which has jurisdiction to naturalize a noncitizen, is entitled, for the services specified in this section, to the following fees:
For all services, upon the filing of a declaration of intention by a noncitizen to become a citizen, including the oath or affirmation, the recording of the same, and a certificate thereof delivered to the noncitizen, twenty cents.
For all services, upon the admission of the noncitizen to be a citizen, including the recording of the papers, and a certified copy of the record, which must be delivered to any person requiring it, fifty cents.
§ 254. Reports by clerks to state officers. When a court of competent jurisdiction shall make a determination as to the parentage of any person, the clerk of the court shall forthwith transmit to the state commissioner of health on a form prescribed by him a written notification of such entry together with such other facts as may assist in identifying the birth record of the person whose parentage was in issue. When the person whose parentage has been determined is under the age of eighteen years, such clerk shall also transmit forthwith to the state commissioner of the office of children and family services for recordation in the putative father registry established pursuant to section three hundred seventy-two-c of the social services law, on a form prescribed by such commissioner in consultation with the office of court administration, a notification of the determination including the name and address of the person whose parentage was determined and the person who was determined to be the father.
Whenever an order of adoption has been made by a court of competent jurisdiction the clerk of such court shall forthwith transmit to the state commissioner of health on a form prescribed by him a written notification of such order, together with the name given to the adopted person at its birth and such other facts as may assist in identifying the birth record of the person adopted and with a copy of the form required by subdivision seven-a of section one hundred twelve and subdivision nine of section one hundred fifteen-b of the domestic relations law and paragraph (e) of subdivision five of section three hundred eighty-three-c and paragraph (a) of subdivision two of section three hundred eighty-four of the social services law.
If any determination as to parentage or order of adoption of a person as aforesaid shall be reversed, set aside, or abrogated by a later judgment, decree or order of the same or of a higher court, that fact shall be immediately communicated in writing to the state commissioner of health, and, in addition, in the case of a determination as to parentage, to the state commissioner of the office of children and family services, on a form prescribed by him by the clerk of the court which entered such judgment, decree, or order.
Whenever it appears to any clerk, aforesaid, that the person whose parentage was in issue or the person adopted was born in New York city, the clerk shall transmit the written notification aforesaid to the department of health of such city, together with a copy of the form required by subdivision seven-a of section one hundred twelve and subdivision nine of section one hundred fifteen-b of the domestic relations law and paragraph (e) of subdivision five of section three hundred eighty-three-c and paragraph (a) of subdivision two of section three hundred eighty-four of the social services law, and also transmit copies of such documents to the state commissioner of health.
§ 255. Clerk must search files upon request and certify as to result. A clerk of a court must, upon request, and upon payment of, or offer to pay, the fees allowed by law, or, if no fees are expressly allowed by law, fees at the rate allowed to a county clerk for a similar service, diligently search the files, papers, records, and dockets in his office; and either make one or more transcripts or certificates of change therefrom, and certify to the correctness thereof, and to the search, or certify that a document or paper, of which the custody legally belongs to him, can not be found.
§ 255-a. Power of courts over docket. A court has the same power and jurisdiction concerning the docket of its judgment kept by the county clerk of the county in which it was rendered that it has concerning the docket kept by its own clerk; the judgment may be docketed and changes effected in the docket in the county clerk's office of any other county only upon the filing of a transcript or certificate of change issued by the county clerk of the county in which the judgment was rendered.
§ 255-b. Dockets of clerks to be public. A docket-book, kept by a clerk of a court, must be kept open, during the business hours fixed by law, for search and examination by any person.
§ 255-c. Uniform transcript and certificate act. 1. Every transcript of a judgment hereafter given by any clerk, judge or justice of a court of record or of a court not of record, or by any county clerk, shall be on paper eleven inches in width by eight-and-a-half inches in length. It shall be substantially in the following form:
TRANSCRIPT OF JUDGMENT JUDGMENT DEBTOR
Trade Last Surname Given Name or Profession Known Address ___________________________________________________________________________
AMOUNT OF JUDGMENT JUDGMENT CREDITOR JUDGMENT RENDERED
Name Address Damages Court
County
Date
Hr. & Min.
Costs JUDGMENT
DOCKETED
Total Date
Hr. & Min. ___________________________________________________________________________
REMARKS: DATE AND MANNER
ATTORNEY FOR JUDGMENT OF CHANGE OF STATUS OF
CREDITOR JUDGMENT Name Address
EXECUTION SATISFIED
When Returned How and to When Issued Unsatisfied When What Extent ___________________________________________________________________________
This form is to be immediately followed by the following certification with the appropriate words being chosen among those which appear in brackets, except that in the event the person certifying the transcript keeps no seal, the words "and affixed my official seal" shall be omitted:
STATE OF NEW YORK COUNTY OF........
(seal)
I,.................(Clerk, Judge or Justice) of the (County of.......; or......Court, County of........), hereby certify that the above is a correct transcript from the docket of judgments in my office.
IN TESTIMONY WHEREOF, I have hereunto set my name and affixed my official seal this......day of.............19........
(Clerk, Judge or Justice).
Any change in the status of the judgment since the time of its original entry on the docket of the person certifying the transcript shall be indicated in the space provided for "REMARKS; DATE AND MANNER OF CHANGE OF STATUS OF JUDGMENT" the same to include any assignment, reversal, modification, discharge, and any other such disposition affecting the judgment; satisfactions and reductions, to whatever extent and in whatever fashion the same are affected, shall be indicated in the space entitled "SATISFIED--WHEN, HOW AND TO WHAT EXTENT."
2. Every certificate attesting to any execution on, or reduction or full or partial satisfaction of, a judgment, or to any change in the status of a judgment, hereafter given by any clerk, judge or justice of a court of record or of a court not of record, or by any county clerk, shall be of the same size and form as for a transcript of judgment as described and illustrated under subdivision one of the section, except that the words "Certificate of Disposition of Judgment" shall replace the words "Transcript of Judgment" wherever the same may appear on either side thereof, and excepting further that between the two sentences constituting the certification there shall be an additional sentence, to read: "And I further certify that the above judgment has ........ " The space provided shall be of sufficient length to contain all data relevant to the matter for which the certificate is issued.
3. In the event that the space provided for any information which must be contained in any such transcript or certificate be insufficient, the same may be set forth on a separate paper or papers of the same size, to be attached to said transcript or certificate by a staple or other equally permanent means, and in that space on the original transcript or certificate which proved insufficient to contain the necessary matter there shall appear a reference to the attached paper or papers, adequately identifying the same. Each such added paper shall be subscribed at the very end of the matter contained thereon by the same person who certifies the transcript or certificate to which said paper or papers shall be attached.
§ 256. Duties of clerk of court of appeals. 1. The clerk of the court of appeals must keep his office at the city of Albany.
2. Before entering upon the duties of his office, he must subscribe, and file the constitutional oath of office.
3. He must, within ten days after the first day of January, and after the first day of July, in each year, render to the comptroller an accurate account, under oath, of all fees received by him for his official services, since the last account was rendered; and must pay the same into the treasury of the state.
4. The judges of the court of appeals or a majority of them shall have the power to make, from time to time, rules fixing and regulating the fees of the clerk of the court of appeals and all his duties in relation to such fees.
§ 257. Power of clerk of court of appeals as to assistants and deputy. 1. The clerk of the court of appeals, by a writing, under his hand and the seal of the court, filed in his office, from time to time must appoint, and may at pleasure remove, a deputy-clerk.
2. He may with the approbation in writing, of the judges of the court, or a majority of them, employ as many assistants in his office, as are necessary. He may from time to time appoint, and at pleasure remove, his assistants. Each assistant is entitled to a compensation, fixed and to be paid as prescribed by law.
3. He may appoint one of his assistants as special deputy clerk.
§ 258. Powers and duties of deputy clerks of court of appeals. 1. Before entering upon his duties, the deputy clerk of the court of appeals must subscribe, and file in the clerk's office, the constitutional oath of office.
2. While the clerk is absent from his office, or from the sitting of the court, or the office of clerk is vacant, the deputy clerk has all the powers and is subject to all the duties of the clerk.
3. The special deputy clerk possesses, in the absence of the clerk, and the deputy clerk, the same power and authority as the clerk, at any sitting of the court which he attends, with respect to the business transacted thereat.
§ 259. Duties of clerk to judge of court of appeals. The clerk appointed by each judge of the court of appeals shall perform such services as the judge appointing him may require.
§ 260. Salary of clerk of court of appeals. The clerk of the court of appeals shall receive a salary of ten thousand dollars per annum.
§ 261. Salary of deputy clerk of court of appeals. The deputy clerk of the court of appeals shall receive a salary of five thousand two hundred dollars per annum.
§ 262. Compensation of clerks to judges of court of appeals. The clerk appointed by each judge of the court of appeals shall be entitled to a compensation to be fixed by such judge, not exceeding four thousand dollars a year. The compensation herein provided shall be paid monthly by the department of taxation and finance upon the certificate of the judge.
§ 263. Salary of law clerk of court of appeals. The law clerk of the court of appeals shall receive a salary of not to exceed five thousand dollars a year.
§ 264. Duties of clerk of appellate division in each department. 1. The clerk of the appellate division in each department shall keep his office at a place to be designated by the justices appointing him.
2. A term of the appellate division of the supreme court must be attended by the clerk of the appellate division of the supreme court, appointed for the department in which the term is held, who must act under the direction of the court or of the presiding justice.
3. The clerk of the appellate division in any department, with whom is filed a copy of the rules made by the justices of his department for fixing the times and places for holding special and trial terms, and for assigning justices to hold special and trial terms, must immediately transmit a copy thereof, certified by him, to each of the justices of the supreme court in such department not designated as justices of an appellate division.
4. The clerk of each department of the appellate division, upon the payment of the fees allowed by law, must deliver to the person admitted to practice as an attorney and counsellor a certificate under his hand and official seal, stating that such person has been so admitted, that he has taken and subscribed the constitutional oath of office as prescribed in section four hundred sixty-six of this chapter and that he has registered with the administrative office of the courts as required by section four hundred sixty-eight-a of this chapter.
§ 265. Fees of clerk of appellate division; in each judicial department; justices thereof to make rules. Notwithstanding any other provision of law:
(a) The clerk of the appellate division of the supreme court in each judicial department, for his official services shall be entitled to receive for and on behalf of the state such reasonable fees as may be prescribed by rules as hereinafter provided. He shall account to the state comptroller for the moneys from such fees and shall pay into the state treasury all such moneys.
(b) The justices of each appellate division or a majority of them shall have the power to make, from time to time, rules fixing and regulating the fees of the clerk of such appellate division, his undertaking, and all his duties in relation to such fees.
§ 265-a. Deputy clerk or attendant of appellate division in third department to act as librarian. The deputy clerk of the appellate division of the supreme court in the third judicial department or any attendant of said court shall also act under direction of said court as librarian and have charge of the library in use by said court.
§ 266. Consultation clerks of appellate division in third and fourth departments. The consultation clerks appointed by the justices of the appellate division in each of the third and fourth departments, shall act under the direction of said justices and shall attend the sittings of said court and render such clerical and stenographic services thereat and during the official consultations as the justices of said department may require, and shall, under the direction of said justices, make up and prepare for filing in the office of the clerk the official list of decisions to be rendered by said court.
§ 267. Certificates of appointment of clerks of the appellate division in third and fourth departments. A certificate of the appointment of each of the clerks specified in this section shall be filed with the comptroller of the state:
1. A certificate of the appointment of each of the clerks of the appellate division in the third and fourth departments, signed by the presiding justice of the judicial department for which said clerk is appointed.
2. A certificate of the appointment of the deputy clerks in the third and fourth departments and the consultation clerk in the fourth department, signed by the justices of said respective departments.
§ 268. Compensation of clerks and deputy clerks of appellate division.
2. The salary of the clerk of the appellate division in the second judicial department shall be fixed by the justices of the said appellate division or a majority of them, to be paid quarterly by the department of taxation and finance out of the public treasury of the state.
3. The clerks of the appellate division in each of the third and fourth departments shall be paid an annual salary to be fixed by the justices of said departments at not exceeding eight thousand five hundred dollars to be paid by the department of taxation and finance to such appointees monthly.
4. The salary of the deputy clerk of the appellate division of the third department shall be not to exceed six thousand two hundred fifty dollars per year and shall be certified by the presiding justice of such appellate division to the state comptroller who shall audit the same. The state department of taxation and finance shall pay such salary monthly, and shall apportion the amount thereof among the counties comprising the third judicial department. Such counties shall reimburse the state for such salary. The time and method of such apportionment and the time and method of such reimbursement shall be as specified in section seventy-four of this chapter.
5. The clerk of the appellate division of each of the third and fourth departments, in addition to the salary herein provided shall be entitled to receive his necessary disbursements for postage, telephone, telegraph and express charges, to be certified by the presiding justice of said department, and to be paid in the same manner as his salary.
6. The compensation herein provided for the clerk and the deputy clerk of the appellate division of the third and fourth departments, shall be in lieu of all fees and charges, and neither said clerk nor deputy clerk shall hereafter be permitted to charge or receive any fee whatever in addition to his salary, for any official service rendered by him.
7. The compensation of the consultation clerk to the justices of the appellate division of the third department shall be fixed by said justices at not to exceed fifty-five hundred dollars per year, to be paid in the same manner as the salary of the deputy clerk of said department.
8. The salary of the deputy clerk of the appellate division of the fourth department and of the consultation clerk to the justices of the appellate division of the fourth department shall be fixed by said justices at not to exceed six thousand two hundred fifty dollars per year for the deputy clerk and at not to exceed five thousand five hundred dollars per year for the consultation clerk. Such salaries shall be certified by the presiding justice of such appellate division to the state comptroller who shall audit the same. The state department of taxation and finance shall pay such salaries monthly, and shall apportion the total amount thereof among the counties comprising the fourth judicial department. Such counties shall reimburse the state for such salaries. The time and method of such apportionment and the time and method of such reimbursement shall be as specified in section seventy-four of this chapter.
§ 269. Salary of clerks to justices of appellate division of first and second departments. 1. Each of the clerks appointed pursuant to section ninety-six of this chapter by the justices of the appellate division of the first and second departments shall receive as salary a sum to be fixed by the justices of each appellate division.
2. Except as provided in the state finance law, each of the presiding justices of the appellate divisions of the first and second departments shall certify such salaries to the state comptroller who shall audit the same. The state department of taxation and finance shall pay such salaries in equal biweekly installments, and shall apportion the total amount of each department among the counties comprising each judicial department. Such counties shall reimburse the state therefor. The time and method of such apportionment and the time and method of such reimbursement shall be as specified in section seventy-four of this chapter.
§ 270. Special deputy appointed by justices of the appellate division in first department. 1. In the county of New York, the special deputy clerk assigned by the justices of the appellate division of the first department to part one of the special term of the supreme court shall be known as the calendar clerk of special term part one; the special deputy clerk assigned to part two of the special term shall be known as the ex parte clerk; the special deputy clerk assigned to part three of the special term shall be known as special term calendar clerk for trials; the special deputy clerk assigned to part two of the trial term shall be known as the trial term calendar clerk. In the county of Bronx, the special deputy clerk assigned to part one of the trial term shall be known as the trial term calendar clerk; the special deputy clerk assigned to part one of the special term shall be known as the special term calendar clerk. The justices of the appellate division in the first department shall at pleasure revoke any of such designations or assignments and make new designations or change the assignments of any of the special deputy clerks and any of the assistants to special deputy clerks appointed pursuant to section one hundred and two, as they may deem necessary.
2. It shall be the duty of each of the said special deputy clerks and the assistants to attend each session of the part or term of the supreme court to which he is assigned and keep the minutes thereof and to perform such other duties therein as shall be prescribed by the rules made by the justices of the appellate division in said department; such special deputy clerks and assistants to be subject to the supervision of the county clerk of the county wherein such special and trial terms are appointed to be held.
3. The special deputy clerk designated as supreme court jury clerk in addition to the duties now imposed upon him, shall keep a record of all the jurors summoned and of the attendance and service of the jurors empaneled in the various trial terms of the supreme court in said district, and of all fines imposed upon such jurors and perform such other duties relating to such jurors or their service, attendance, and the fines imposed upon them as may be prescribed by the rules made by the said appellate division in said department.
§ 271. Clerks of supreme court not required to attend special term in certain cases. Where a special term of the supreme court is adjourned to the chambers of a justice of the court, pursuant to section one hundred and forty-seven of this chapter, the attendance of the clerk is not required, unless the justice directs him to attend.
§ 271-a. Appointment of administrative clerk in fifth judicial district. 1. The justices of the supreme court for the fifth judicial district, or a majority of them, may designate and at pleasure remove one of the clerks of the court as an administrative clerk. He shall have charge of all the calendars of the supreme court in and for such district and shall have such additional powers and perform such additional duties as are provided by the rules or regulations adopted from time to time in accordance with statute, or as may be assigned by the justices.
2. The actual and necessary expenses of such clerk incurred by him in the performance of his official duties shall be paid upon proper proof thereof, and upon the approval of a justice of the supreme court in the fifth judicial district designated for such purpose by a majority of the other justices therein in a written instrument filed with the state comptroller. The state comptroller shall audit the expenses of such administrative clerk and the department of taxation and finance shall pay the same when certified to the state comptroller in the manner herein prescribed.
3. The administrative clerk hereby authorized shall annually receive as compensation for services rendered in connection with the duties hereby imposed, not to exceed two thousand dollars in addition to the salary or compensation paid him by the county by which he is employed. The additional compensation provided for by this subdivision shall be determined and paid in the same manner as expenses under this section.
4. The total amount of the additional compensation and expenses of such clerk as herein authorized shall be apportioned by the department of taxation and finance among the counties of the fifth judicial district, which shall reimburse the state therefor, and the time and method of apportionment and reimbursement shall be as specified in section seventy-four of this chapter.
§ 272. Duty of confidential clerks to justices of supreme court in second, ninth and tenth districts. It shall be the duty of the confidential clerks appointed by justices of the supreme court for the second, ninth and tenth judicial districts to attend the sittings of the said court at all special terms and trial terms presided over by the justice by whom he is appointed, and to perform such other duties as shall be assigned to him by said justice.
§ 273. Salary of clerks to justices of supreme court. 1. Each of the clerks appointed by the justices of the supreme court in the first judicial district, pursuant to subdivision one of section one hundred and fifty-seven of this chapter, shall receive as salary a sum to be fixed by the justices thereof, or a majority of them, not designated as justices of the appellate division.
2. Each of the confidential clerks to the justices of the supreme court in the second judicial district, other than justices of the appellate division, shall receive an annual salary, the amount of which shall be fixed by a majority of said justices. The money required to pay such salaries shall be raised and paid in the same manner as the money required to pay salaries of attendants and officers of the supreme court in said district.
2-a. Each of the confidential clerks appointed by the justices of the supreme court in the eleventh judicial district shall receive as a salary a sum to be fixed by the justices thereof, or a majority of them, not designated as justices of the appellate division. The money required to pay such salaries shall be raised and paid in the same manner required to pay salaries of attendants and officers of the supreme court in said districts.
3. Each of the confidential clerks to the justices of the supreme court in the tenth judicial district, other than justices of the appellate division residing in the tenth judicial district, shall receive an annual salary to be fixed by the justices of the supreme court residing in the tenth judicial district other than justices of the appellate division, or a majority of them. Such salaries shall be audited by the state comptroller and paid by the state department of taxation and finance in equal monthly payments when certified to such comptroller by the justice who made the appointment or in case of his death or disability by any other justice of the tenth judicial district. The total amount of such salaries shall be apportioned by such department among the counties of Nassau and Suffolk. Such counties shall reimburse the state therefor. The time and method of such apportionment and the time and method of such reimbursement shall be as specified in section seventy-four of this chapter.
4. Each of the confidential clerks to the justices of the supreme court in the fifth judicial district appointed pursuant to subdivision four of section one hundred fifty-seven of this chapter, shall receive an annual salary of three thousand dollars; provided, however, that in case of the appointment by such a justice of both a confidential clerk and confidential deputy clerk, such confidential clerk and such deputy clerk shall each receive an annual salary to be fixed by the justice appointing him, or them, not to exceed in the aggregate for both such confidential clerk and deputy clerk the sum of three thousand dollars. Each of such salaries shall be audited by the state comptroller and paid by the state department of taxation and finance, in equal monthly payments when certified to such comptroller by the justice who made the appointment or, in case of his death or disability, by any other justice of the fifth judicial district. An appropriation in any year for salary of such a confidential clerk, to any such justice, shall be available for payment of the salaries of both the confidential clerk and confidential deputy clerk to the same justice, if such be appointed. The total amount of such salaries shall be apportioned by such department among the counties comprising the fifth judicial district. Such counties shall reimburse the state therefor. The time and method of such apportionment and the time and method of such reimbursement shall be as specified in section seventy-four of this chapter.
5. Each of the clerks to the justices of the supreme court in the sixth judicial district shall receive an annual salary to be fixed by the justice appointing him, of not to exceed three thousand dollars. Each of such salaries shall be audited by the state comptroller and paid by the state department of taxation and finance in equal quarterly payments when certified to such comptroller by the justice who made the appointment or, in case of his death or disability, by any other justice of the sixth judicial district. The total amount of such salaries shall be apportioned by such department among the counties comprising the sixth judicial district. Such counties shall reimburse the state therefor. The time and method of such apportionment and the time and method of such reimbursement shall be as specified in section seventy-four of this chapter.
6. Each of the clerks to the justices of the supreme court in the seventh judicial district shall receive an annual salary, to be fixed by the justice appointing him, of not to exceed twenty-five hundred dollars, provided, however, that in case of the appointment by such justice of both a confidential clerk and one or two confidential deputy clerk or clerks, such confidential clerk and such confidential deputy clerk or clerks shall each receive an annual salary to be fixed by the justice making the appointment, not to exceed in the aggregate for both such confidential clerk and confidential deputy clerk or clerks the sum of twenty-five hundred dollars. Each of such salaries shall be audited by the state comptroller and paid by the state department of taxation and finance in equal monthly payments when certified to such comptroller by the justice who made the appointment or, in case of his death or disability, by any other justice of the seventh judicial district. The total amount of such salaries shall be apportioned by such department among the counties comprising the seventh judicial district. Such counties shall reimburse the state therefor. The time and method of such apportionment and the time and method of such reimbursement shall be as specified in section seventy-four of this chapter.
7. Each of the clerks to the justices of the supreme court in the eighth judicial district, shall receive an annual salary, to be fixed by the justice appointing him, of not to exceed six thousand dollars. Each of such salaries shall be audited by the state comptroller and paid by the state department of taxation and finance in equal monthly payments when certified to such comptroller by the justice who made the appointment or, in case of his death or disability, by any other justice of the eighth judicial district. The total amount of such salaries shall be apportioned by such department among the counties comprising the eighth judicial district. Such counties shall reimburse the state therefor. The time and method of such apportionment and the time and method of such reimbursement shall be as specified in section seventy-four of this chapter.
8. Each confidential clerk employed by a justice of the supreme court in and for the ninth judicial district, pursuant to the provisions of subdivision eight of section one hundred fifty-seven of this chapter, shall receive an annual salary not to exceed the sum of eight thousand five hundred ninety dollars, together with the actual and necessary expenses incurred by him in the performance of his official duties, to be paid upon proper proof thereof, and upon the approval of the justice of the supreme court in whose behalf the official duties are rendered. The state comptroller shall audit the salary and expenses of each confidential clerk and the state department of taxation and finance shall pay to each confidential clerk his salary, in equal monthly payments, and also his expenses when certified to the state comptroller by the justice who made the appointment, or if he has died or is disabled, by any other justice of the ninth judicial district. The total amount of all salaries and expenses of all confidential clerks of the ninth judicial district shall be apportioned by the department of taxation and finance among the counties of Westchester, Rockland, Orange, Dutchess and Putnam which shall reimburse the state therefor, and the time and method of apportionment and reimbursement shall be those specified in section seventy-four of this chapter.
9. Each of the confidential law clerks to the justices of the supreme court in the third judicial district shall receive an annual salary to be fixed by the justice appointing him, of not to exceed five thousand dollars. Each of such salaries shall be audited by the state comptroller and paid by the state department of taxation and finance in equal monthly payments when certified to such comptroller by the justice who made the appointment or, in case of his death or disability, by any other justice of the third judicial district. The total amount of such salaries shall be apportioned by such department among the counties comprising the third judicial district. Such counties shall reimburse the state therefor. The time and method of such apportionment and the time and method of such reimbursement shall be as specified in section seventy-four of this chapter.
10. Each of the confidential law clerks to the justices of the supreme court in the fourth judicial district shall receive an annual salary to be fixed by the justice appointing him, of not to exceed five thousand dollars. Each of such salaries shall be audited by the state comptroller and paid by the state department of taxation and finance in equal monthly payments when certified to such comptroller by the justice who made the appointment or, in case of his death or disability, by any other justice of the fourth judicial district. The total amount of such salaries shall be apportioned by such department among the counties comprising the fourth judicial district. Such counties shall reimburse the state therefor. The time and method of such apportionment and the time and method of such reimbursement shall be as specified in section seventy-four of this chapter.
§ 274. Duty of special deputy clerks for the supreme court in Queens county. It shall be the duty of each of the special deputy clerks appointed by the supreme court justices residing in Queens county pursuant to section one hundred and fifty-six of this chapter, to attend each session of the part or term of the supreme court to which he is assigned and keep the minutes thereof and to perform such other duties as shall be prescribed by the rules made by such justices; each such special deputy clerk shall be subject to the supervision of the county clerk, and shall possess the same power and authority as the county clerk at any sitting or term of the court which he attends, with respect to the business transacted thereat.
§ 275. Salary of special deputy clerks for the supreme court in Queens county. The salary of the special deputy clerks mentioned in section two hundred and seventy-four shall be fixed by the justices of the supreme court residing in the county, or a majority of them, and when so fixed shall be paid from the court funds of said county.
§ 281. Salary of confidential clerks to county judges of Kings, Queens, Erie, Nassau, Onondaga, Rockland, Dutchess and Saint Lawrence counties and to special county judge of Erie county. Each of the confidential clerks appointed pursuant to section one hundred ninety-seven of this chapter by the county judges of Kings and Queens counties shall receive for their services the same aggregate annual salary paid to the clerks to judges of the court of general sessions of the county of New York, so as to maintain a continuing equalization of the gross salary and compensation paid to such clerk. Such salary or compensation shall be paid by the comptroller of the city of New York, in equal monthly installments. The confidential clerk appointed pursuant to said section by the county judge of Erie county and the confidential clerk appointed pursuant to said section by the special county judge of Erie county shall receive such salary as shall be fixed from time to time by the board of supervisors of said county, to be paid by the treasurer of the county of Erie in equal monthly installments. The confidential clerk appointed pursuant to said section by the county judges of Nassau county, Onondaga county, Rockland county and Dutchess county shall receive such salary as shall be fixed from time to time by the respective boards of supervisors of said counties, to be paid by the treasurers of said counties in equal monthly installments. The confidential clerk appointed pursuant to said section by the county judge of Saint Lawrence county shall receive a salary of three hundred dollars per annum, to be paid by the treasurer of the county of Saint Lawrence, in equal monthly installments.
§ 282. Business hours in offices of clerks of courts of record in New York city. 1. The offices of clerks of courts of record in the counties of New York, Kings, Queens, Richmond and Bronx shall remain open for the transaction of business from nine o'clock in the forenoon to four o'clock in the afternoon everyday except Saturdays, Sundays and holidays and except in the months of July and August when said offices shall remain open for the transaction of business from nine o'clock in the forenoon to two o'clock in the afternoon except Saturdays, Sundays and holidays.
2. Whenever the last day on which any paper shall be filed or act done or performed in any such office expires on Saturday, Sunday, public holiday or a day when such office is closed for the transaction of business, the time therefor is hereby extended to and including the next business day such office is open for the transaction of business.
§ 282-a. Extension of time for filing papers with clerks of court. Whenever the last day on which any paper is required to be filed with a clerk of a court outside the city of New York expires on a Saturday, Sunday, a public holiday or a day when the office of such clerk is closed for the transaction of business, the time therefor is hereby extended to and including the next business day such office is open for the transaction of business.
§ 283. Each such typist or stenographer to an official referee appointed pursuant to section one hundred twenty-six of this chapter shall receive an annual salary to be fixed by the official referee appointing him, not to exceed thirty-six hundred dollars. The manner and time of payment of such salary shall be the same as that provided for clerks to justices of the supreme court in each district as set forth in section two hundred seventy-three of this chapter.
Section 250. Clerk not to practice in his court.
251. Clerks in courts of record within the territory of the first, second, tenth and eleventh judicial districts not to be appointed referees, receivers, or commissioners.
251-a. Confidential clerks to justices of supreme court not to be appointed referees, receivers or commissioners.
252. Clerks not to receive fees except as prescribed by law.
253. Clerk's fees upon naturalization.
254. Reports by clerks to state officers.
255. Clerk must search files upon request and certify as to result.
255-a. Power of courts over docket.
255-b. Dockets of clerks to be public.
255-c. Uniform transcript and certificate act.
256. Duties of clerk of court of appeals.
257. Power of clerk of court of appeals as to assistants and deputy.
258. Powers and duties of deputy clerks of court of appeals.
259. Duties of clerk to judge of court of appeals.
260. Salary of clerk of court of appeals.
261. Salary of deputy clerk of court of appeals.
262. Compensation of clerks to judges of court of appeals.
263. Salary of law clerk of court of appeals.
264. Duties of clerk of appellate division in each department.
265. Fees of clerk of appellate division; in each judicial department; justices thereof to make rules.
265-a. Deputy clerk or attendant of appellate division in third department to act as librarian.
266. Consultation clerks of appellate division in third and fourth departments.
267. Certificates of appointment of clerks of the appellate division in third and fourth departments.
268. Compensation of clerks and deputy clerks of appellate division.
269. Salary of clerks to justices of appellate division of first and second departments.
270. Special deputy appointed by justices of the appellate division in first department.
271. Clerks of supreme court not required to attend special term in certain cases.
271-a. Appointment of administrative clerk in fifth judicial district.
272. Duty of confidential clerks to justices of supreme court in second, ninth and tenth districts.
273. Salary of clerks to justices of supreme court.
274. Duty of special deputy clerks for the supreme court in Queens county.
275. Salary of special deputy clerks for the supreme court in Queens county.
281. Salary of confidential clerks to county judges of Kings, Queens, Erie, Nassau, Onondaga, Rockland, Dutchess and Saint Lawrence counties and to special county judge of Erie county.
282. Business hours in offices of clerks of courts of record in New York city.
282-a. Extension of time for filing papers with clerks of court.
283. (No section heading).
§ 250. Clerk not to practice in his court. The clerk, deputy clerk, or special deputy clerk of a court shall not, during his continuance in office, practice as attorney or counsellor in that court.
§ 251. Clerks in courts of record within the territory of the first, second, tenth and eleventh judicial districts not to be appointed referees, receivers, or commissioners. No person holding the office of clerk, deputy clerk, special deputy clerk, assistant special deputy clerk, or assistant in the clerk's office, of a court of record within the first, second, tenth and eleventh judicial districts or territory comprising the same, shall hereafter be appointed by any court or judge, a referee, receiver or commissioner; except that a person holding such office who is an attorney in good standing admitted to practice in the state may be appointed as a referee to serve without fee where authorized by any provision of the civil practice law and rules or any other law.
§ 251-a. Confidential clerks to justices of supreme court not to be appointed referees, receivers or commissioners. No person holding the office of confidential clerk or law secretary to a justice of the supreme court shall hereafter be appointed by any court or judge in any action or proceeding instituted in the supreme court, a referee, receiver or commissioner, except that in uncontested matrimonial actions, a confidential clerk or law secretary who is an attorney in good standing admitted to practice in the state may be appointed by an administrative judge to serve without fee as a referee for the purpose of hearing and reporting to the court.
§ 252. Clerks not to receive fees except as prescribed by law. Each clerk of a court must perform all the duties required of him, in the course and practice of the court, without fee or reward, except as expressly prescribed by law.
§ 253. Clerk's fees upon naturalization. The clerk of any court, which has jurisdiction to naturalize a noncitizen, is entitled, for the services specified in this section, to the following fees:
For all services, upon the filing of a declaration of intention by a noncitizen to become a citizen, including the oath or affirmation, the recording of the same, and a certificate thereof delivered to the noncitizen, twenty cents.
For all services, upon the admission of the noncitizen to be a citizen, including the recording of the papers, and a certified copy of the record, which must be delivered to any person requiring it, fifty cents.
§ 254. Reports by clerks to state officers. When a court of competent jurisdiction shall make a determination as to the parentage of any person, the clerk of the court shall forthwith transmit to the state commissioner of health on a form prescribed by him a written notification of such entry together with such other facts as may assist in identifying the birth record of the person whose parentage was in issue. When the person whose parentage has been determined is under the age of eighteen years, such clerk shall also transmit forthwith to the state commissioner of the office of children and family services for recordation in the putative father registry established pursuant to section three hundred seventy-two-c of the social services law, on a form prescribed by such commissioner in consultation with the office of court administration, a notification of the determination including the name and address of the person whose parentage was determined and the person who was determined to be the father.
Whenever an order of adoption has been made by a court of competent jurisdiction the clerk of such court shall forthwith transmit to the state commissioner of health on a form prescribed by him a written notification of such order, together with the name given to the adopted person at its birth and such other facts as may assist in identifying the birth record of the person adopted and with a copy of the form required by subdivision seven-a of section one hundred twelve and subdivision nine of section one hundred fifteen-b of the domestic relations law and paragraph (e) of subdivision five of section three hundred eighty-three-c and paragraph (a) of subdivision two of section three hundred eighty-four of the social services law.
If any determination as to parentage or order of adoption of a person as aforesaid shall be reversed, set aside, or abrogated by a later judgment, decree or order of the same or of a higher court, that fact shall be immediately communicated in writing to the state commissioner of health, and, in addition, in the case of a determination as to parentage, to the state commissioner of the office of children and family services, on a form prescribed by him by the clerk of the court which entered such judgment, decree, or order.
Whenever it appears to any clerk, aforesaid, that the person whose parentage was in issue or the person adopted was born in New York city, the clerk shall transmit the written notification aforesaid to the department of health of such city, together with a copy of the form required by subdivision seven-a of section one hundred twelve and subdivision nine of section one hundred fifteen-b of the domestic relations law and paragraph (e) of subdivision five of section three hundred eighty-three-c and paragraph (a) of subdivision two of section three hundred eighty-four of the social services law, and also transmit copies of such documents to the state commissioner of health.
§ 255. Clerk must search files upon request and certify as to result. A clerk of a court must, upon request, and upon payment of, or offer to pay, the fees allowed by law, or, if no fees are expressly allowed by law, fees at the rate allowed to a county clerk for a similar service, diligently search the files, papers, records, and dockets in his office; and either make one or more transcripts or certificates of change therefrom, and certify to the correctness thereof, and to the search, or certify that a document or paper, of which the custody legally belongs to him, can not be found.
§ 255-a. Power of courts over docket. A court has the same power and jurisdiction concerning the docket of its judgment kept by the county clerk of the county in which it was rendered that it has concerning the docket kept by its own clerk; the judgment may be docketed and changes effected in the docket in the county clerk's office of any other county only upon the filing of a transcript or certificate of change issued by the county clerk of the county in which the judgment was rendered.
§ 255-b. Dockets of clerks to be public. A docket-book, kept by a clerk of a court, must be kept open, during the business hours fixed by law, for search and examination by any person.
§ 255-c. Uniform transcript and certificate act. 1. Every transcript of a judgment hereafter given by any clerk, judge or justice of a court of record or of a court not of record, or by any county clerk, shall be on paper eleven inches in width by eight-and-a-half inches in length. It shall be substantially in the following form:
TRANSCRIPT OF JUDGMENT JUDGMENT DEBTOR
Trade Last Surname Given Name or Profession Known Address ___________________________________________________________________________
AMOUNT OF JUDGMENT JUDGMENT CREDITOR JUDGMENT RENDERED
Name Address Damages Court
County
Date
Hr. & Min.
Costs JUDGMENT
DOCKETED
Total Date
Hr. & Min. ___________________________________________________________________________
REMARKS: DATE AND MANNER
ATTORNEY FOR JUDGMENT OF CHANGE OF STATUS OF
CREDITOR JUDGMENT Name Address
EXECUTION SATISFIED
When Returned How and to When Issued Unsatisfied When What Extent ___________________________________________________________________________
This form is to be immediately followed by the following certification with the appropriate words being chosen among those which appear in brackets, except that in the event the person certifying the transcript keeps no seal, the words "and affixed my official seal" shall be omitted:
STATE OF NEW YORK COUNTY OF........
(seal)
I,.................(Clerk, Judge or Justice) of the (County of.......; or......Court, County of........), hereby certify that the above is a correct transcript from the docket of judgments in my office.
IN TESTIMONY WHEREOF, I have hereunto set my name and affixed my official seal this......day of.............19........
(Clerk, Judge or Justice).
Any change in the status of the judgment since the time of its original entry on the docket of the person certifying the transcript shall be indicated in the space provided for "REMARKS; DATE AND MANNER OF CHANGE OF STATUS OF JUDGMENT" the same to include any assignment, reversal, modification, discharge, and any other such disposition affecting the judgment; satisfactions and reductions, to whatever extent and in whatever fashion the same are affected, shall be indicated in the space entitled "SATISFIED--WHEN, HOW AND TO WHAT EXTENT."
2. Every certificate attesting to any execution on, or reduction or full or partial satisfaction of, a judgment, or to any change in the status of a judgment, hereafter given by any clerk, judge or justice of a court of record or of a court not of record, or by any county clerk, shall be of the same size and form as for a transcript of judgment as described and illustrated under subdivision one of the section, except that the words "Certificate of Disposition of Judgment" shall replace the words "Transcript of Judgment" wherever the same may appear on either side thereof, and excepting further that between the two sentences constituting the certification there shall be an additional sentence, to read: "And I further certify that the above judgment has ........ " The space provided shall be of sufficient length to contain all data relevant to the matter for which the certificate is issued.
3. In the event that the space provided for any information which must be contained in any such transcript or certificate be insufficient, the same may be set forth on a separate paper or papers of the same size, to be attached to said transcript or certificate by a staple or other equally permanent means, and in that space on the original transcript or certificate which proved insufficient to contain the necessary matter there shall appear a reference to the attached paper or papers, adequately identifying the same. Each such added paper shall be subscribed at the very end of the matter contained thereon by the same person who certifies the transcript or certificate to which said paper or papers shall be attached.
§ 256. Duties of clerk of court of appeals. 1. The clerk of the court of appeals must keep his office at the city of Albany.
2. Before entering upon the duties of his office, he must subscribe, and file the constitutional oath of office.
3. He must, within ten days after the first day of January, and after the first day of July, in each year, render to the comptroller an accurate account, under oath, of all fees received by him for his official services, since the last account was rendered; and must pay the same into the treasury of the state.
4. The judges of the court of appeals or a majority of them shall have the power to make, from time to time, rules fixing and regulating the fees of the clerk of the court of appeals and all his duties in relation to such fees.
§ 257. Power of clerk of court of appeals as to assistants and deputy. 1. The clerk of the court of appeals, by a writing, under his hand and the seal of the court, filed in his office, from time to time must appoint, and may at pleasure remove, a deputy-clerk.
2. He may with the approbation in writing, of the judges of the court, or a majority of them, employ as many assistants in his office, as are necessary. He may from time to time appoint, and at pleasure remove, his assistants. Each assistant is entitled to a compensation, fixed and to be paid as prescribed by law.
3. He may appoint one of his assistants as special deputy clerk.
§ 258. Powers and duties of deputy clerks of court of appeals. 1. Before entering upon his duties, the deputy clerk of the court of appeals must subscribe, and file in the clerk's office, the constitutional oath of office.
2. While the clerk is absent from his office, or from the sitting of the court, or the office of clerk is vacant, the deputy clerk has all the powers and is subject to all the duties of the clerk.
3. The special deputy clerk possesses, in the absence of the clerk, and the deputy clerk, the same power and authority as the clerk, at any sitting of the court which he attends, with respect to the business transacted thereat.
§ 259. Duties of clerk to judge of court of appeals. The clerk appointed by each judge of the court of appeals shall perform such services as the judge appointing him may require.
§ 260. Salary of clerk of court of appeals. The clerk of the court of appeals shall receive a salary of ten thousand dollars per annum.
§ 261. Salary of deputy clerk of court of appeals. The deputy clerk of the court of appeals shall receive a salary of five thousand two hundred dollars per annum.
§ 262. Compensation of clerks to judges of court of appeals. The clerk appointed by each judge of the court of appeals shall be entitled to a compensation to be fixed by such judge, not exceeding four thousand dollars a year. The compensation herein provided shall be paid monthly by the department of taxation and finance upon the certificate of the judge.
§ 263. Salary of law clerk of court of appeals. The law clerk of the court of appeals shall receive a salary of not to exceed five thousand dollars a year.
§ 264. Duties of clerk of appellate division in each department. 1. The clerk of the appellate division in each department shall keep his office at a place to be designated by the justices appointing him.
2. A term of the appellate division of the supreme court must be attended by the clerk of the appellate division of the supreme court, appointed for the department in which the term is held, who must act under the direction of the court or of the presiding justice.
3. The clerk of the appellate division in any department, with whom is filed a copy of the rules made by the justices of his department for fixing the times and places for holding special and trial terms, and for assigning justices to hold special and trial terms, must immediately transmit a copy thereof, certified by him, to each of the justices of the supreme court in such department not designated as justices of an appellate division.
4. The clerk of each department of the appellate division, upon the payment of the fees allowed by law, must deliver to the person admitted to practice as an attorney and counsellor a certificate under his hand and official seal, stating that such person has been so admitted, that he has taken and subscribed the constitutional oath of office as prescribed in section four hundred sixty-six of this chapter and that he has registered with the administrative office of the courts as required by section four hundred sixty-eight-a of this chapter.
§ 265. Fees of clerk of appellate division; in each judicial department; justices thereof to make rules. Notwithstanding any other provision of law:
(a) The clerk of the appellate division of the supreme court in each judicial department, for his official services shall be entitled to receive for and on behalf of the state such reasonable fees as may be prescribed by rules as hereinafter provided. He shall account to the state comptroller for the moneys from such fees and shall pay into the state treasury all such moneys.
(b) The justices of each appellate division or a majority of them shall have the power to make, from time to time, rules fixing and regulating the fees of the clerk of such appellate division, his undertaking, and all his duties in relation to such fees.
§ 265-a. Deputy clerk or attendant of appellate division in third department to act as librarian. The deputy clerk of the appellate division of the supreme court in the third judicial department or any attendant of said court shall also act under direction of said court as librarian and have charge of the library in use by said court.
§ 266. Consultation clerks of appellate division in third and fourth departments. The consultation clerks appointed by the justices of the appellate division in each of the third and fourth departments, shall act under the direction of said justices and shall attend the sittings of said court and render such clerical and stenographic services thereat and during the official consultations as the justices of said department may require, and shall, under the direction of said justices, make up and prepare for filing in the office of the clerk the official list of decisions to be rendered by said court.
§ 267. Certificates of appointment of clerks of the appellate division in third and fourth departments. A certificate of the appointment of each of the clerks specified in this section shall be filed with the comptroller of the state:
1. A certificate of the appointment of each of the clerks of the appellate division in the third and fourth departments, signed by the presiding justice of the judicial department for which said clerk is appointed.
2. A certificate of the appointment of the deputy clerks in the third and fourth departments and the consultation clerk in the fourth department, signed by the justices of said respective departments.
§ 268. Compensation of clerks and deputy clerks of appellate division.
2. The salary of the clerk of the appellate division in the second judicial department shall be fixed by the justices of the said appellate division or a majority of them, to be paid quarterly by the department of taxation and finance out of the public treasury of the state.
3. The clerks of the appellate division in each of the third and fourth departments shall be paid an annual salary to be fixed by the justices of said departments at not exceeding eight thousand five hundred dollars to be paid by the department of taxation and finance to such appointees monthly.
4. The salary of the deputy clerk of the appellate division of the third department shall be not to exceed six thousand two hundred fifty dollars per year and shall be certified by the presiding justice of such appellate division to the state comptroller who shall audit the same. The state department of taxation and finance shall pay such salary monthly, and shall apportion the amount thereof among the counties comprising the third judicial department. Such counties shall reimburse the state for such salary. The time and method of such apportionment and the time and method of such reimbursement shall be as specified in section seventy-four of this chapter.
5. The clerk of the appellate division of each of the third and fourth departments, in addition to the salary herein provided shall be entitled to receive his necessary disbursements for postage, telephone, telegraph and express charges, to be certified by the presiding justice of said department, and to be paid in the same manner as his salary.
6. The compensation herein provided for the clerk and the deputy clerk of the appellate division of the third and fourth departments, shall be in lieu of all fees and charges, and neither said clerk nor deputy clerk shall hereafter be permitted to charge or receive any fee whatever in addition to his salary, for any official service rendered by him.
7. The compensation of the consultation clerk to the justices of the appellate division of the third department shall be fixed by said justices at not to exceed fifty-five hundred dollars per year, to be paid in the same manner as the salary of the deputy clerk of said department.
8. The salary of the deputy clerk of the appellate division of the fourth department and of the consultation clerk to the justices of the appellate division of the fourth department shall be fixed by said justices at not to exceed six thousand two hundred fifty dollars per year for the deputy clerk and at not to exceed five thousand five hundred dollars per year for the consultation clerk. Such salaries shall be certified by the presiding justice of such appellate division to the state comptroller who shall audit the same. The state department of taxation and finance shall pay such salaries monthly, and shall apportion the total amount thereof among the counties comprising the fourth judicial department. Such counties shall reimburse the state for such salaries. The time and method of such apportionment and the time and method of such reimbursement shall be as specified in section seventy-four of this chapter.
§ 269. Salary of clerks to justices of appellate division of first and second departments. 1. Each of the clerks appointed pursuant to section ninety-six of this chapter by the justices of the appellate division of the first and second departments shall receive as salary a sum to be fixed by the justices of each appellate division.
2. Except as provided in the state finance law, each of the presiding justices of the appellate divisions of the first and second departments shall certify such salaries to the state comptroller who shall audit the same. The state department of taxation and finance shall pay such salaries in equal biweekly installments, and shall apportion the total amount of each department among the counties comprising each judicial department. Such counties shall reimburse the state therefor. The time and method of such apportionment and the time and method of such reimbursement shall be as specified in section seventy-four of this chapter.
§ 270. Special deputy appointed by justices of the appellate division in first department. 1. In the county of New York, the special deputy clerk assigned by the justices of the appellate division of the first department to part one of the special term of the supreme court shall be known as the calendar clerk of special term part one; the special deputy clerk assigned to part two of the special term shall be known as the ex parte clerk; the special deputy clerk assigned to part three of the special term shall be known as special term calendar clerk for trials; the special deputy clerk assigned to part two of the trial term shall be known as the trial term calendar clerk. In the county of Bronx, the special deputy clerk assigned to part one of the trial term shall be known as the trial term calendar clerk; the special deputy clerk assigned to part one of the special term shall be known as the special term calendar clerk. The justices of the appellate division in the first department shall at pleasure revoke any of such designations or assignments and make new designations or change the assignments of any of the special deputy clerks and any of the assistants to special deputy clerks appointed pursuant to section one hundred and two, as they may deem necessary.
2. It shall be the duty of each of the said special deputy clerks and the assistants to attend each session of the part or term of the supreme court to which he is assigned and keep the minutes thereof and to perform such other duties therein as shall be prescribed by the rules made by the justices of the appellate division in said department; such special deputy clerks and assistants to be subject to the supervision of the county clerk of the county wherein such special and trial terms are appointed to be held.
3. The special deputy clerk designated as supreme court jury clerk in addition to the duties now imposed upon him, shall keep a record of all the jurors summoned and of the attendance and service of the jurors empaneled in the various trial terms of the supreme court in said district, and of all fines imposed upon such jurors and perform such other duties relating to such jurors or their service, attendance, and the fines imposed upon them as may be prescribed by the rules made by the said appellate division in said department.
§ 271. Clerks of supreme court not required to attend special term in certain cases. Where a special term of the supreme court is adjourned to the chambers of a justice of the court, pursuant to section one hundred and forty-seven of this chapter, the attendance of the clerk is not required, unless the justice directs him to attend.
§ 271-a. Appointment of administrative clerk in fifth judicial district. 1. The justices of the supreme court for the fifth judicial district, or a majority of them, may designate and at pleasure remove one of the clerks of the court as an administrative clerk. He shall have charge of all the calendars of the supreme court in and for such district and shall have such additional powers and perform such additional duties as are provided by the rules or regulations adopted from time to time in accordance with statute, or as may be assigned by the justices.
2. The actual and necessary expenses of such clerk incurred by him in the performance of his official duties shall be paid upon proper proof thereof, and upon the approval of a justice of the supreme court in the fifth judicial district designated for such purpose by a majority of the other justices therein in a written instrument filed with the state comptroller. The state comptroller shall audit the expenses of such administrative clerk and the department of taxation and finance shall pay the same when certified to the state comptroller in the manner herein prescribed.
3. The administrative clerk hereby authorized shall annually receive as compensation for services rendered in connection with the duties hereby imposed, not to exceed two thousand dollars in addition to the salary or compensation paid him by the county by which he is employed. The additional compensation provided for by this subdivision shall be determined and paid in the same manner as expenses under this section.
4. The total amount of the additional compensation and expenses of such clerk as herein authorized shall be apportioned by the department of taxation and finance among the counties of the fifth judicial district, which shall reimburse the state therefor, and the time and method of apportionment and reimbursement shall be as specified in section seventy-four of this chapter.
§ 272. Duty of confidential clerks to justices of supreme court in second, ninth and tenth districts. It shall be the duty of the confidential clerks appointed by justices of the supreme court for the second, ninth and tenth judicial districts to attend the sittings of the said court at all special terms and trial terms presided over by the justice by whom he is appointed, and to perform such other duties as shall be assigned to him by said justice.
§ 273. Salary of clerks to justices of supreme court. 1. Each of the clerks appointed by the justices of the supreme court in the first judicial district, pursuant to subdivision one of section one hundred and fifty-seven of this chapter, shall receive as salary a sum to be fixed by the justices thereof, or a majority of them, not designated as justices of the appellate division.
2. Each of the confidential clerks to the justices of the supreme court in the second judicial district, other than justices of the appellate division, shall receive an annual salary, the amount of which shall be fixed by a majority of said justices. The money required to pay such salaries shall be raised and paid in the same manner as the money required to pay salaries of attendants and officers of the supreme court in said district.
2-a. Each of the confidential clerks appointed by the justices of the supreme court in the eleventh judicial district shall receive as a salary a sum to be fixed by the justices thereof, or a majority of them, not designated as justices of the appellate division. The money required to pay such salaries shall be raised and paid in the same manner required to pay salaries of attendants and officers of the supreme court in said districts.
3. Each of the confidential clerks to the justices of the supreme court in the tenth judicial district, other than justices of the appellate division residing in the tenth judicial district, shall receive an annual salary to be fixed by the justices of the supreme court residing in the tenth judicial district other than justices of the appellate division, or a majority of them. Such salaries shall be audited by the state comptroller and paid by the state department of taxation and finance in equal monthly payments when certified to such comptroller by the justice who made the appointment or in case of his death or disability by any other justice of the tenth judicial district. The total amount of such salaries shall be apportioned by such department among the counties of Nassau and Suffolk. Such counties shall reimburse the state therefor. The time and method of such apportionment and the time and method of such reimbursement shall be as specified in section seventy-four of this chapter.
4. Each of the confidential clerks to the justices of the supreme court in the fifth judicial district appointed pursuant to subdivision four of section one hundred fifty-seven of this chapter, shall receive an annual salary of three thousand dollars; provided, however, that in case of the appointment by such a justice of both a confidential clerk and confidential deputy clerk, such confidential clerk and such deputy clerk shall each receive an annual salary to be fixed by the justice appointing him, or them, not to exceed in the aggregate for both such confidential clerk and deputy clerk the sum of three thousand dollars. Each of such salaries shall be audited by the state comptroller and paid by the state department of taxation and finance, in equal monthly payments when certified to such comptroller by the justice who made the appointment or, in case of his death or disability, by any other justice of the fifth judicial district. An appropriation in any year for salary of such a confidential clerk, to any such justice, shall be available for payment of the salaries of both the confidential clerk and confidential deputy clerk to the same justice, if such be appointed. The total amount of such salaries shall be apportioned by such department among the counties comprising the fifth judicial district. Such counties shall reimburse the state therefor. The time and method of such apportionment and the time and method of such reimbursement shall be as specified in section seventy-four of this chapter.
5. Each of the clerks to the justices of the supreme court in the sixth judicial district shall receive an annual salary to be fixed by the justice appointing him, of not to exceed three thousand dollars. Each of such salaries shall be audited by the state comptroller and paid by the state department of taxation and finance in equal quarterly payments when certified to such comptroller by the justice who made the appointment or, in case of his death or disability, by any other justice of the sixth judicial district. The total amount of such salaries shall be apportioned by such department among the counties comprising the sixth judicial district. Such counties shall reimburse the state therefor. The time and method of such apportionment and the time and method of such reimbursement shall be as specified in section seventy-four of this chapter.
6. Each of the clerks to the justices of the supreme court in the seventh judicial district shall receive an annual salary, to be fixed by the justice appointing him, of not to exceed twenty-five hundred dollars, provided, however, that in case of the appointment by such justice of both a confidential clerk and one or two confidential deputy clerk or clerks, such confidential clerk and such confidential deputy clerk or clerks shall each receive an annual salary to be fixed by the justice making the appointment, not to exceed in the aggregate for both such confidential clerk and confidential deputy clerk or clerks the sum of twenty-five hundred dollars. Each of such salaries shall be audited by the state comptroller and paid by the state department of taxation and finance in equal monthly payments when certified to such comptroller by the justice who made the appointment or, in case of his death or disability, by any other justice of the seventh judicial district. The total amount of such salaries shall be apportioned by such department among the counties comprising the seventh judicial district. Such counties shall reimburse the state therefor. The time and method of such apportionment and the time and method of such reimbursement shall be as specified in section seventy-four of this chapter.
7. Each of the clerks to the justices of the supreme court in the eighth judicial district, shall receive an annual salary, to be fixed by the justice appointing him, of not to exceed six thousand dollars. Each of such salaries shall be audited by the state comptroller and paid by the state department of taxation and finance in equal monthly payments when certified to such comptroller by the justice who made the appointment or, in case of his death or disability, by any other justice of the eighth judicial district. The total amount of such salaries shall be apportioned by such department among the counties comprising the eighth judicial district. Such counties shall reimburse the state therefor. The time and method of such apportionment and the time and method of such reimbursement shall be as specified in section seventy-four of this chapter.
8. Each confidential clerk employed by a justice of the supreme court in and for the ninth judicial district, pursuant to the provisions of subdivision eight of section one hundred fifty-seven of this chapter, shall receive an annual salary not to exceed the sum of eight thousand five hundred ninety dollars, together with the actual and necessary expenses incurred by him in the performance of his official duties, to be paid upon proper proof thereof, and upon the approval of the justice of the supreme court in whose behalf the official duties are rendered. The state comptroller shall audit the salary and expenses of each confidential clerk and the state department of taxation and finance shall pay to each confidential clerk his salary, in equal monthly payments, and also his expenses when certified to the state comptroller by the justice who made the appointment, or if he has died or is disabled, by any other justice of the ninth judicial district. The total amount of all salaries and expenses of all confidential clerks of the ninth judicial district shall be apportioned by the department of taxation and finance among the counties of Westchester, Rockland, Orange, Dutchess and Putnam which shall reimburse the state therefor, and the time and method of apportionment and reimbursement shall be those specified in section seventy-four of this chapter.
9. Each of the confidential law clerks to the justices of the supreme court in the third judicial district shall receive an annual salary to be fixed by the justice appointing him, of not to exceed five thousand dollars. Each of such salaries shall be audited by the state comptroller and paid by the state department of taxation and finance in equal monthly payments when certified to such comptroller by the justice who made the appointment or, in case of his death or disability, by any other justice of the third judicial district. The total amount of such salaries shall be apportioned by such department among the counties comprising the third judicial district. Such counties shall reimburse the state therefor. The time and method of such apportionment and the time and method of such reimbursement shall be as specified in section seventy-four of this chapter.
10. Each of the confidential law clerks to the justices of the supreme court in the fourth judicial district shall receive an annual salary to be fixed by the justice appointing him, of not to exceed five thousand dollars. Each of such salaries shall be audited by the state comptroller and paid by the state department of taxation and finance in equal monthly payments when certified to such comptroller by the justice who made the appointment or, in case of his death or disability, by any other justice of the fourth judicial district. The total amount of such salaries shall be apportioned by such department among the counties comprising the fourth judicial district. Such counties shall reimburse the state therefor. The time and method of such apportionment and the time and method of such reimbursement shall be as specified in section seventy-four of this chapter.
§ 274. Duty of special deputy clerks for the supreme court in Queens county. It shall be the duty of each of the special deputy clerks appointed by the supreme court justices residing in Queens county pursuant to section one hundred and fifty-six of this chapter, to attend each session of the part or term of the supreme court to which he is assigned and keep the minutes thereof and to perform such other duties as shall be prescribed by the rules made by such justices; each such special deputy clerk shall be subject to the supervision of the county clerk, and shall possess the same power and authority as the county clerk at any sitting or term of the court which he attends, with respect to the business transacted thereat.
§ 275. Salary of special deputy clerks for the supreme court in Queens county. The salary of the special deputy clerks mentioned in section two hundred and seventy-four shall be fixed by the justices of the supreme court residing in the county, or a majority of them, and when so fixed shall be paid from the court funds of said county.
§ 281. Salary of confidential clerks to county judges of Kings, Queens, Erie, Nassau, Onondaga, Rockland, Dutchess and Saint Lawrence counties and to special county judge of Erie county. Each of the confidential clerks appointed pursuant to section one hundred ninety-seven of this chapter by the county judges of Kings and Queens counties shall receive for their services the same aggregate annual salary paid to the clerks to judges of the court of general sessions of the county of New York, so as to maintain a continuing equalization of the gross salary and compensation paid to such clerk. Such salary or compensation shall be paid by the comptroller of the city of New York, in equal monthly installments. The confidential clerk appointed pursuant to said section by the county judge of Erie county and the confidential clerk appointed pursuant to said section by the special county judge of Erie county shall receive such salary as shall be fixed from time to time by the board of supervisors of said county, to be paid by the treasurer of the county of Erie in equal monthly installments. The confidential clerk appointed pursuant to said section by the county judges of Nassau county, Onondaga county, Rockland county and Dutchess county shall receive such salary as shall be fixed from time to time by the respective boards of supervisors of said counties, to be paid by the treasurers of said counties in equal monthly installments. The confidential clerk appointed pursuant to said section by the county judge of Saint Lawrence county shall receive a salary of three hundred dollars per annum, to be paid by the treasurer of the county of Saint Lawrence, in equal monthly installments.
§ 282. Business hours in offices of clerks of courts of record in New York city. 1. The offices of clerks of courts of record in the counties of New York, Kings, Queens, Richmond and Bronx shall remain open for the transaction of business from nine o'clock in the forenoon to four o'clock in the afternoon everyday except Saturdays, Sundays and holidays and except in the months of July and August when said offices shall remain open for the transaction of business from nine o'clock in the forenoon to two o'clock in the afternoon except Saturdays, Sundays and holidays.
2. Whenever the last day on which any paper shall be filed or act done or performed in any such office expires on Saturday, Sunday, public holiday or a day when such office is closed for the transaction of business, the time therefor is hereby extended to and including the next business day such office is open for the transaction of business.
§ 282-a. Extension of time for filing papers with clerks of court. Whenever the last day on which any paper is required to be filed with a clerk of a court outside the city of New York expires on a Saturday, Sunday, a public holiday or a day when the office of such clerk is closed for the transaction of business, the time therefor is hereby extended to and including the next business day such office is open for the transaction of business.
§ 283. Each such typist or stenographer to an official referee appointed pursuant to section one hundred twenty-six of this chapter shall receive an annual salary to be fixed by the official referee appointing him, not to exceed thirty-six hundred dollars. The manner and time of payment of such salary shall be the same as that provided for clerks to justices of the supreme court in each district as set forth in section two hundred seventy-three of this chapter.
