NY Real Prop L § 316-A (2021)
2021 New York Laws RPP - Real Property Article 9 - Recording Instruments Affecting Real Property 316-A - Indexing and Reindexing Conveyances, Mortgages and Other Instruments.

§  316-a.  Indexing  and  reindexing  conveyances, mortgages and other   instruments. 1. Every instrument affecting real estate or chattels real,   situated in the county of Suffolk, which shall be, or which  shall  have   been recorded in the office of the clerk of said county on and after the   first  day of January, nineteen hundred fifty-one, shall be recorded and   indexed pursuant to the provisions of this act.2. The clerk of the county of Suffolk is hereby directed and required,   immediately upon the passage of this act, to cause to be prepared one or   more books for each town in the said county of Suffolk for the  indexing   therein,  under  the  proper  town so designated, of all instruments now   required by law to be recorded in the books  of  conveyances.  And  said   clerk shall also cause to be prepared one or more books for each of said   towns  in said county for the indexing therein, under the proper town so   designated, of all instruments now required by law to be recorded in the   books of mortgages. Said indexes shall be deposited  in  the  office  of   said  clerk.  They  shall  be  prepared  so  as  to  contain the date of   recording  of  each  instrument,  the  names  of  the  parties  to  each   instrument  and  the  liber  and page of the record thereof and shall be   substantially the forms of  the  schedules  hereto  annexed,  designated   respectively  as  schedule  A, schedule B, schedule C, schedule D, which   schedules shall be deemed and taken to be a part of this act. Said books   shall  be  entitled  "town  indexes  of   conveyances   and   mortgages"   respectively,  and  shall  indicate the towns to which they respectively   relate.3. It shall be the duty of the said clerk to provide and keep  in  his   office,  besides  said  town  indexes,  a  "daily  index,  or tickler of   conveyances," and a "daily index, or  tickler  of  mortgages,"  together   with  books  or records in which shall be recorded at length conveyances   and mortgages recorded in his office, each of which shall be endorsed in   its proper liber number.4. Every instrument presented to said clerk for record, and  requiring   to  be indexed under this act after the date when this act shall go into   operation, in order to entitle the  same  to  be  recorded,  shall  have   included  therein,  in the description of the premises, a designation of   the town in said county in which the land  affected  by  the  instrument   lies,  and  if  it  lies in two or more towns of said county the name of   each and every town in which the land  affected  by  the  instrument  is   situated. Every assignment of a mortgage, and every agreement respecting   a  mortgage,  to  entitle  the  same to be recorded, shall have included   therein a designation of the town in said county in which the land  lies   which  is affected by the mortgage to which such assignment or agreement   relates, and if such land lies in two or more towns of said  county  the   name  of  each and every town in which the land affected by the mortgage   to which such assignment or agreement  relates.  And  a  record  of  the   instrument  shall  not  be  effectual  by  way  of  notice  to bona fide   purchasers or encumbrancers in respect to any land situated in any  town   of said county not so designated except as hereinafter provided.5.  Whenever  any  instrument  affecting  or  relating to land in said   county entitled to be recorded and required  to  be  indexed  under  the   provisions  of this act shall be presented to the said clerk for record,   he shall forthwith endorse  thereupon  the  date,  hour  and  minute  of   acceptance  for  recording  by  him,  and  enter  in the proper index or   tickler the name of every party executing said instrument, the  date  of   record  thereof  and  the name of every town designated as aforesaid for   the indexing of such instrument and as soon  as  practicable  thereafter   shall  cause  the  said  instrument  to be indexed in the proper book or   books of the town indexes under the proper town designated in which such   property is situated. 6.  The  entries  made  in  said  indexes  in  conformity   with   the   requirements  of  this act shall for the purpose of notice be deemed and   taken to be a part of the record of the instrument to which such entries   respectively refer and shall be notice to such subsequent purchasers  or   encumbrancers  to  the  same  extent  and  with  the  like effect as the   recording of such instruments in the office of said clerk now is or  may   be notice.7.  For  the purposes of indexing under the provisions of this act all   conveyances, mortgages, or other instruments  recorded  and  indexed  or   reindexed  under  the  provisions  of  this  act  shall be so indexed or   reindexed  under  the  proper  town  book  of  index  indicated  in  the   description  hereinbefore  provided  for,  and  in an order and sequence   known as the "first letter of the last name  and  first  letter  of  the   first  named  method".  The  corporate  names shall be indexed under the   first  letter  of  the  first  substantive  word  of  the  name  of  the   corporation,  or  in the event of a corporation using the proper name of   an individual, such as John Smith,  Inc.,  such  index  shall  be  under   Smith, John, Inc., as well as John Smith, Inc.8. In cases where any instrument shall have been recorded without such   designation  as required by this act, or with erroneous designation, the   said clerk shall, on presentation of proper proof  thereof,  enter  such   instrument  in  the  proper index of the proper town, the designation of   which shall have been erroneously stated or omitted, and  shall  at  the   same time make a note of such entry and the date thereof, in every place   in which such instrument may have been erroneously indexed, opposite the   entry  thereof,  and also upon the record of the instrument and upon the   instrument itself, if the same be in his possession or produced  to  him   for the purpose, and the record of such instrument shall be constructive   notice as to the property in any town not duly designated at the time of   such record, only from the time when the same shall be properly indexed.9.  No  entry  in  any  book  or index in said clerk's office shall be   erased so as to be illegible, but in case of any  correction,  the  same   shall  be made without destroying the original by drawing a line through   such original entry, and in such cases  the  date  of  such  correction,   attested  by  the signature of the clerk or his deputy, shall be entered   upon the same page on which such  correction  is  made,  on  the  margin   opposite  such  correction.  In the event the indexes are in a microfilm   the correction shall be made by a  hole  being  punched  in  the  margin   adjacent  to  the  corrected  entry.  No initials being required in this   event.10. Any person presenting to said  clerk  an  instrument  for  record,   under  this  act,  shall  pay to said clerk, in addition to the fees now   required by law for recording like instruments, the further sum  of  one   dollar  for  each additional town beyond one under which said instrument   is required to be indexed, and the sum of one dollar for each town shall   be payable whenever an instrument already recorded  is  required  to  be   reindexed under section eight.11.  The  provisions  of  this  act shall not apply to the indexing of   general assignments, wills, powers of attorney, executory contracts  for   sale  or  purchase  of  land  or  satisfaction  of  mortgages,  but such   instruments shall be filed or recorded as now required by law  and  when   recorded they shall be indexed in separate alphabetical indexes.12. For the purpose of carrying out the various provisions of this act   the clerk may employ such necessary clerical help as may in his judgment   be required.13.  The  board of supervisors of said county is hereby authorized and   directed to appropriate, for the purpose of carrying out the  provisions   of this act, all such sums of money as may be necessary therefor. 14.  The  records  and  indexes  herein  provided to be made under the   authority of this act shall be deposited in the office of the  clerk  of   said county for public use and the same shall be public records.15. To the extent that the provisions herein are inconsistent with any   general or special law, this act shall be controlling.16.  This  act  shall  be  deemed  and  taken to be a public and not a   private act.17. The county  clerk  may  adopt  a  new  indexing  system  utilizing   electro-mechanical,  electronic,  or  any other method he deems suitable   for maintaining the indexes. Such system shall be approved by the county   legislature before being implemented.