NY CPLR § 8012 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 80 - Fees 8012 - Mileage Fees, Poundage Fees, Additional Compensation, and Limitation on Compensation of Sheriffs.

§  8012.  Mileage  fees,  poundage  fees, additional compensation, and limitation on compensation of sheriffs. (a) Mileage fees. A  sheriff  is entitled  to  the  current  federal  internal  revenue  service  mileage reimbursement rate for each mile necessarily travelled in performing the following services, payable in advance:   1. in serving or executing a mandate upon or against  one  person,  or upon  or  against  two  or  more  persons  in the course of one journey, computed from the nearest office of the sheriff in  the  county  to  the place of service or execution, and return;   2.  in serving or executing two or more mandates in one action upon or against one person at one time, computed from the nearest office of  the sheriff  in the county to the place of service or execution, and return; and   3. in attending a view,  computed  from  the  nearest  office  of  the sheriff in the county to the place of attendance, and return.  (b) Poundage fees.   1.  A  sheriff  is  entitled,  for  collecting  money  by virtue of an execution, an order of attachment, or an attachment for the  payment  of money  in  an action, or a warrant for the collection of money issued by the comptroller or by a county treasurer or by any agency of  the  state or  a  political subdivision thereof, or for collecting a fine by virtue of a commitment for civil contempt, to  poundage  of,  in  the  counties within  the  city of New York, five per cent of the sum collected and in all other counties, five per cent  upon  the  first  two  hundred  fifty thousand  dollars  collected, and three per cent upon the residue of the sum collected.   2. Where a settlement is made after a levy by virtue of service of  an execution,  the  sheriff  is  entitled  to poundage upon the judgment or settlement amount, whichever is less. Where an execution is  vacated  or set aside after levy, the sheriff is entitled to poundage upon the value of  the  property levied upon, not exceeding the amount specified in the execution, and the court may order the party liable therefor to pay  the same to the sheriff.   3.  Where a settlement is made, either before or after judgment, after a levy by virtue of service of an order of attachment,  the  sheriff  is entitled  to  poundage upon the judgment or settlement amount, whichever is less. Where an order of attachment is  vacated  or  set  aside  after levy, the sheriff is entitled to poundage upon the value of the property levied  upon,  not  exceeding  the  amount  specified  in  the  order of attachment, and the court may order the  party  at  whose  instance  the order of attachment was granted to pay the same to the sheriff. Where an order  of  attachment is otherwise discharged by order of the court, the sheriff is entitled to the same poundage, to be paid  by  the  party  at whose instance the order of attachment is discharged, and the sheriff is entitled  to retain the property levied upon until the poundage is paid. The maximum amount upon which poundage shall  be  computed,  if  such  a settlement  is  made or the order of attachment is vacated or set aside, is one million dollars.   4. Where a settlement is made (i) after service of an income execution upon the debtor pursuant to subdivision (d) of section fifty-two hundred thirty-one of this chapter or upon the garnishee pursuant to subdivision (e) of section fifty-two hundred thirty-one of  this  chapter,  or  (ii) after  issuance  of  a  property execution pursuant to section fifty-two hundred thirty of  this  chapter  and  levy  against  personal  or  real property  pursuant  to section fifty-two hundred thirty-two or fifty-two hundred thirty-five of this chapter, the sheriff is entitled to poundage upon the judgment amount or settlement amount, whichever is less.  Where an  income or property execution is vacated or set aside after levy, the  sheriff is entitled to poundage upon the value of  the  property  levied upon, not exceeding the amount specified in the execution, and the court may order the party liable therefor to pay the same to the sheriff.   5. A sheriff who brings an action in a court of competent jurisdiction to  collect  such  amount  provided  for in this subdivision may also be awarded reasonable attorney's fees and court costs.  (c) Additional compensation.  A  sheriff  is  entitled  in  any  case, including an instance in which a mandate has been stayed, vacated or set aside,  or  a  settlement has been made after a levy, to such additional compensation for his trouble and expenses in taking  possession  of  and preserving  property  under  any  mandate  or  in  removing  a person in possession of real property and the said person's property, as the court allows, and the court may make  an  order  requiring  the  party  liable therefor to pay the same to the sheriff.  (d) Mileage fees in the city of New York. For mileage travelled wholly within the city of New York the sheriff of the city of New York shall be entitled  to  thirty  dollars payable in advance, as provided in section eight thousand eleven of this chapter, and commencing one year after the effective date of the chapter of the laws of two thousand thirteen which amended this subdivision, such fee shall be thirty-five dollars.