N.Y. Dom. Rel. Law § 19

§ 19. Records to be kept by town and city clerks. * 1. Each town and\ncity clerk hereby empowered to issue marriage licenses shall keep a book\nsupplied by the state department of health in which such clerk shall\nrecord and index such information as is required therein, which book\nshall be kept and preserved as a part of the public records of his or\nher office. Whenever an application is made for a search of such records\nthe city or town clerk, excepting the city clerk of the city of New\nYork, may make such search and furnish a certificate of the result to\nthe applicant upon the payment of a fee of five dollars for a search of\none year and a further fee of one dollar for the second year for which\nsuch search is requested and fifty cents for each additional year\nthereafter, which fees shall be paid in advance of such search. Whenever\nan application is made for a search of such records in the city of New\nYork, the city clerk of the city of New York may make such search and\nfurnish a certificate of the result to the applicant upon the payment of\na fee of five dollars for a search of one year and a further fee of one\ndollar for the second year for which search is requested and fifty cents\neach additional year thereafter. Notwithstanding any other provision of\nthis article, no fee shall be charged for any search or certificate when\nrequired by the United States department of veterans affairs or by the\ndivision of veterans' services of the state of New York to be used in\ndetermining the eligibility of any person to participate in the benefits\nmade available by the United States department of veterans affairs or by\nthe state of New York. All such affidavits, statements and consents,\nimmediately upon the taking or receiving of the same by the town or city\nclerk, shall be recorded and indexed as provided herein and shall be\npublic records and open to public inspection whenever the same may be\nnecessary or required for judicial or other proper purposes. At such\ntimes as the commissioner shall direct, the said town or city clerk,\nexcepting the city clerk of the city of New York, shall file in the\noffice of the state department of health the original of each affidavit,\nstatement, consent, order of a justice or judge authorizing immediate\nsolemnization of marriage, license and certificate, filed with or made\nbefore such clerk during the preceding month. Such clerk shall not be\nrequired to file any of said documents with the state department of\nhealth until the license is returned with the certificate showing that\nthe marriage to which they refer has been actually performed.\n The county clerks of the counties comprising the city of New York\nshall cause all original applications and original licenses with the\nmarriage solemnization statements thereon heretofore filed with each,\nand all papers and records and binders relating to such original\ndocuments pertaining to marriage licenses issued by said city clerk, in\ntheir custody and possession to be removed, transferred, and delivered\nto the borough offices of the city clerk in each of said counties.\n * NB Effective until April 1, 2023\n * 1. Each town and city clerk hereby empowered to issue marriage\nlicenses shall keep a book supplied by the state department of health in\nwhich such clerk shall record and index such information as is required\ntherein, which book shall be kept and preserved as a part of the public\nrecords of his or her office. Whenever an application is made for a\nsearch of such records the city or town clerk, excepting the city clerk\nof the city of New York, may make such search and furnish a certificate\nof the result to the applicant upon the payment of a fee of five dollars\nfor a search of one year and a further fee of one dollar for the second\nyear for which such search is requested and fifty cents for each\nadditional year thereafter, which fees shall be paid in advance of such\nsearch. Whenever an application is made for a search of such records in\nthe city of New York, the city clerk of the city of New York may make\nsuch search and furnish a certificate of the result to the applicant\nupon the payment of a fee of five dollars for a search of one year and a\nfurther fee of one dollar for the second year for which search is\nrequested and fifty cents each additional year thereafter.\nNotwithstanding any other provision of this article, no fee shall be\ncharged for any search or certificate when required by the United States\ndepartment of veterans affairs or by the department of veterans'\nservices of the state of New York to be used in determining the\neligibility of any person to participate in the benefits made available\nby the United States department of veterans affairs or by the state of\nNew York. All such affidavits, statements and consents, immediately upon\nthe taking or receiving of the same by the town or city clerk, shall be\nrecorded and indexed as provided herein and shall be public records and\nopen to public inspection whenever the same may be necessary or required\nfor judicial or other proper purposes. At such times as the commissioner\nshall direct, the said town or city clerk, excepting the city clerk of\nthe city of New York, shall file in the office of the state department\nof health the original of each affidavit, statement, consent, order of a\njustice or judge authorizing immediate solemnization of marriage,\nlicense and certificate, filed with or made before such clerk during the\npreceding month. Such clerk shall not be required to file any of said\ndocuments with the state department of health until the license is\nreturned with the certificate showing that the marriage to which they\nrefer has been actually performed.\n The county clerks of the counties comprising the city of New York\nshall cause all original applications and original licenses with the\nmarriage solemnization statements thereon heretofore filed with each,\nand all papers and records and binders relating to such original\ndocuments pertaining to marriage licenses issued by said city clerk, in\ntheir custody and possession to be removed, transferred, and delivered\nto the borough offices of the city clerk in each of said counties.\n * NB Effective April 1, 2023\n 2. (a) In lieu of the requirement of maintaining a book supplied by\nthe state department of health pursuant to subdivision one hereof, each\ntown or city clerk may cause all information as is required by law or\nrule or regulation of the department to be kept in such books to be\nphotocopied, photographed, microphotographed or reproduced on film which\nshall be kept and preserved as part of the public records of his office\ntogether with an index thereto. Such photographic film shall be of\ndurable material and the device used to reproduce such records on such\nfilm shall be one which accurately reproduces the original record in all\ndetails.\n (b) Such photocopy or photographic film shall be deemed to be an\noriginal record for all purposes, including introduction in evidence in\nall courts or administrative agencies. A transcript, exemplification or\ncertified copy thereof shall, for all purposes, be deemed to be a\ntranscript, exemplification or certified copy of the original.\n