2023 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.