N.Y. Comp. Codes R. & Regs. tit. 22 § 500.3

Current through Register Vol. 46, No. 16, April 17, 2024

Section 500.3 - Fees

(a) Upon the filing of record material in a civil appeal pursuant to section 500.11, 500.12 or 500.26(a) of this Part, appellant shall provide the clerk of the court the fee in the amount specified in CPLR 8022 in the form of an attorney's check, certified check, cashier's check or money order payable to "State of New York, Court of Appeals" unless:

(1) appellant demonstrates exemption from the fee requirements by statute or other authority;

(2) other payment arrangements have been made with the clerk of the court;

(3) the appeal is accompanied by a motion requesting poor person relief or a motion requesting relief from payment of the filing fee; or

(4) appellant in the Court of Appeals provides a copy of an order issued by any court in the action or proceeding to which the appeal relates granting that party poor person relief, together with a sworn affidavit that the same financial circumstances exist at the time of filing in the Court of Appeals as when the order granting poor person relief was issued.

(b) Upon the filing of each motion or cross motion in a civil case pursuant to sections 500.21 through 500.24 or 500.26(b) of this Part, movant shall provide the clerk of the court with the fee in the amount specified in CPLR 8022 in the form of an attorney's check, certified check, cashier's check or money order payable to "State of New York, Court of Appeals" unless:

(1) movant demonstrates exemption from the fee requirements by statute or other authority;

(2) other payment arrangements have been made with the clerk of the court;

(3) the motion or cross motion is accompanied by a motion requesting poor person relief or a motion requesting relief from payment of the filing fee; or

(4) movant in the Court of Appeals provides a copy of an order issued by any court in the action or proceeding to which the motion relates granting that party poor person relief, together with a sworn affidavit that the same financial circumstances exist at the time of filing in the Court of Appeals as when the order granting poor person relief was issued.

(c) Except as provided in subdivision (a) or (b) of this section or where otherwise specifically required by law or by the court, no fees shall be charged by the clerk of the court.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 500.3