New York § 91 - 91Designation and compensation of papers in first, second, tenth and eleventh judicial districts for publication of calendars and notices

§ 91. 91Designation and compensation of papers in first, second, tenth and eleventh judicial districts for publication of calendars and notices

§ 91. Designation and compensation of papers in first, second, tenth and eleventh judicial districts for publication of calendars and notices. 1. The justices of the appellate division in the first department, or a majority of them, shall be vested with and exercise from time to time the power to designate a daily law journal, published in the first judicial department, in which shall be published all calendars of such courts of record in and for the first judicial department as such justices shall select, together with every notice and advertisement of judicial proceedings which shall be required to be published in one or more papers in such judicial department. Such calendars, unless otherwise provided by the justices of the appellate division, shall contain the numbers and titles of the causes and names of the attorneys appearing therein, with such particulars and notices in respect to such calendars or the causes thereon as may be specified by the clerk of the appellate division under the order of the appellate division. 2. The justices of the appellate division in the second department, or a majority of them, are hereby authorized to contract, from year to year, for the payment to the owner of the daily law journal designated pursuant to law by the justices of the appellate division in the first department for the publication of legal notices, of such compensation as they deem to be fair and reasonable for publishing calendars, decisions, opinions, disposition of cases, judgments, notices of pendency, liens, assignments, appointments of referees and receivers, assignments of justices and judges and other similar matters relating to the courts in the second, tenth and eleventh judicial districts; but this shall not in any way be construed to include notices or advertisements in actions or judicial proceedings required by law to be published in one or more newspapers. The amount of such compensation shall be annually included in the budget of the appellate division in the second department. Such compensation shall be certified by the presiding justice of such department to the state comptroller who shall audit the same. The state department of taxation and finance shall pay such compensation and shall apportion the same among the counties comprising the second, tenth and eleventh judicial districts. Such counties shall reimburse the state for such compensation. The time and method of such apportionment and the time and method of such reimbursement shall be as specified in section seventy-four of this chapter. 3. The justices of the appellate division in the first department, or a majority of them, shall, any provision of law to the contrary notwithstanding, from time to time designate such newspapers in such department as in their opinion have such a circulation as is calculated to give public notice of a legal publication, and from time to time revoke such designation. To entitle a newspaper to such a designation, it must file with the clerk of the appellate division a statement, duly verified, showing approximately the size and extent of its circulation, the time and place of its regular publication, and a statement of its charges for legal publications. Whenever a notice, summons, citation, order or other paper shall be required by any provision of law, or by the order of any court or judge thereof, or of a surrogate or of the clerk of a court or any other official or individual, to be published in a newspaper in the first department, or public notice of any application to a court or judge or other officer shall be required to be given by publication thereof in a newspaper in the first department, or where any court or judge thereof or a surrogate or other judicial officer or public officer is authorized or required to designate a newspaper in the first department for the publication of any notice, summons, citation, order or other paper, the newspaper designated by any court or judge thereof, or surrogate or other judicial or public officer, shall be a newspaper designated by the appellate division of the supreme court in the first department as hereinbefore provided, and no such publication shall be deemed to give the notice required to be given if the same is published in any newspaper in the first department which has not been designated by an order of the appellate division of the supreme court in the first department; and the publication of such notice, summons, citation, order or other paper in any undesignated newspaper in the first department shall not be deemed a compliance with any such provision of law or order of any court or judge.