CPLR § 8008

Fees and expenses of officer to be paid before transmission of paper  ·  as in force on May 31, 2026

§ 8008. Fees and expenses of officer to be paid before transmission of paper. Each provision of law requiring a judge, clerk or other officer to transmit a paper to another officer, for the benefit of a party, is to be construed as requiring the transmission only at the request of the person so to be benefited, and upon payment by him of the fees allowed by law for the paper transmitted, or any copy or certificate connected therewith, and the expenses specified in section sixty-eight of the public officers law.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/8008

In plain English

When a law requires a judge, clerk, or other officer to send a paper for a party’s benefit, the officer sends it only at that person’s request and after that person pays the lawful fees for the paper, related copy or certificate, and the expenses specified in Public Officers Law § 68. ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Court Clerk in Plain English; Volume 2 — The Court Clerk: Civil Practice Law and Rules; Volume 1 — Your Career: Civil Practice in Plain English.