NY Dom Rel L § 19 (2021)
2021 New York Laws DOM - Domestic Relations Article 3 - Solemnization, Proof and Effect of Marriage 19 - Records to Be Kept by Town and City Clerks.

§  19.  Records  to  be kept by town and city clerks. 1. Each town and city clerk hereby empowered to issue marriage licenses shall keep a book supplied by the state department of health in  which  such  clerk  shall record  and  index  such  information as is required therein, which book shall be kept and preserved as a part of the public records  of  his  or her office. Whenever an application is made for a search of such records the  city  or  town  clerk,  excepting the city clerk of the city of New York, may make such search and furnish a certificate of  the  result  to the  applicant upon the payment of a fee of five dollars for a search of one year and a further fee of one dollar for the second year  for  which such  search  is  requested  and  fifty  cents  for each additional year thereafter, which fees shall be paid in advance of such search. Whenever an application is made for a search of such records in the city  of  New York,  the  city  clerk of the city of New York may make such search and furnish a certificate of the result to the applicant upon the payment of a fee of five dollars for a search of one year and a further fee of  one dollar for the second year for which search is requested and fifty cents each  additional year thereafter. Notwithstanding any other provision of this article, no fee shall be charged for any search or certificate when required by the United States department of veterans affairs or  by  the division  of  veterans'  services of the state of New York to be used in determining the eligibility of any person to participate in the benefits made available by the United States department of veterans affairs or by the state of New York. All such  affidavits,  statements  and  consents, immediately upon the taking or receiving of the same by the town or city clerk,  shall  be  recorded  and indexed as provided herein and shall be public records and open to public inspection whenever the  same  may  be necessary  or  required  for  judicial or other proper purposes. At such times as the commissioner shall direct, the said  town  or  city  clerk, excepting  the  city  clerk  of  the city of New York, shall file in the office of the state department of health the original of each affidavit, statement, consent, order of a justice or  judge  authorizing  immediate solemnization  of  marriage, license and certificate, filed with or made before such clerk during the preceding month. Such clerk  shall  not  be required  to  file  any  of  said documents with the state department of health until the license is returned with the certificate  showing  that the marriage to which they refer has been actually performed.   The  county  clerks  of  the  counties comprising the city of New York shall cause all original applications and  original  licenses  with  the marriage  solemnization  statements  thereon heretofore filed with each, and all papers  and  records  and  binders  relating  to  such  original documents  pertaining to marriage licenses issued by said city clerk, in their custody and possession to be removed, transferred,  and  delivered to the borough offices of the city clerk in each of said counties.   2.  (a)  In  lieu of the requirement of maintaining a book supplied by the state department of health pursuant to subdivision one hereof,  each town  or  city  clerk may cause all information as is required by law or rule or regulation of the department to be kept  in  such  books  to  be photocopied, photographed, microphotographed or reproduced on film which shall  be kept and preserved as part of the public records of his office together with an index thereto.  Such  photographic  film  shall  be  of durable  material  and the device used to reproduce such records on such film shall be one which accurately reproduces the original record in all details.  (b) Such photocopy or photographic film  shall  be  deemed  to  be  an original  record for all purposes, including introduction in evidence in all courts or administrative agencies. A transcript, exemplification  or  certified  copy  thereof  shall,  for  all  purposes,  be deemed to be a transcript, exemplification or certified copy of the original.