N.Y. Comp. Codes R. & Regs. tit. 2 § 70.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 70.6 - Fees

(a) A county treasurer is entitled only to the fees prescribed by law.

(b) Fees for investing money pursuant to a direction of a court must be taken at the time such investment is made.

(c) Fees for receiving and paying interest on investments must not be taken until such interest is actually paid.

(d) A county treasurer is not entitled to fees for receiving court funds from his predecessor in office nor for delivering such funds to his successor in office.

(e) A county treasurer can waive his right to fees only when such fees belong to him personally, and not to the county.

(f) No entry or payment of fees shall be made in the court and trust fund ledger of a county treasurer until they are actually paid.

(g) Except as hereinafter provided, unless the court specially directs, all fees for payment of money out of court shall be deducted from the amount paid and not from the balance remaining to the credit of the action or proceeding. When no provision for fees is contained in the order directing payment, such fees shall be deducted from each separate amount so directed to be paid except in the following case; if a judgment or other evidence of debt has become a lien upon the funds or portion thereof, or the expenses of litigation, such as referee's fees, county clerk's fees or fees for subpoenaing witnesses, are directed to be paid therefrom, the fees for paying out same shall be deducted from the sum or sums remaining of the share or shares which are to bear such expenses if such sum or sums be sufficient. If they be insufficient, the amount to be applied to such payments shall be the amount remaining of such sum or sums after deducting treasurer's fees.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 70.6