N.Y. Dom. Rel. Law § 13

§ 13. Marriage licenses. It shall be necessary for all persons intended\nto be married in New York state to obtain a marriage license from a town\nor city clerk in New York state and to deliver said license, within\nsixty days, to the clergyman or magistrate who is to officiate before\nthe marriage ceremony may be performed. In case of a marriage contracted\npursuant to subdivision four of section eleven of this chapter, such\nlicense shall be delivered to the judge of the court of record before\nwhom the acknowledgment is to be taken. If either party to the marriage\nresides upon an island located not less than twenty-five miles from the\noffice or residence of the town clerk of the town of which such island\nis a part, and if such office or residence is not on such island such\nlicense may be obtained from any justice of the peace residing on such\nisland, and such justice, in respect to powers and duties relating to\nmarriage licenses, shall be subject to the provisions of this article\ngoverning town clerks and shall file all statements or affidavits\nreceived by him while acting under the provisions of this section with\nthe town clerk of such town. No application for a marriage license shall\nbe denied on the ground that the parties are of the same, or a\ndifferent, sex.\n