Index number in an action or proceeding commenced in supreme or county court

§ 306-a. Index number in an action or proceeding commenced in supreme
or county court. (a) Upon filing the summons and complaint, summons with
notice or petition in an action or proceeding commenced in supreme or
county court with the clerk of the county, an index number shall be
assigned and the fee required by subdivision (a) of section eight
thousand eighteen of this chapter shall be paid. Upon the filing of a
summons and complaint against a person not already a party, as permitted
under section one thousand seven or rule one thousand eleven of this
chapter, the fee required by subdivision (a) of section eight thousand
eighteen of this chapter shall be paid, but a separate index number
shall not be assigned.

(b) If a person other than the plaintiff or third-party plaintiff who
served the summons or third-party summons obtains the index number and
pays the fee therefor, the clerk shall issue an order directing the
plaintiff or the third-party plaintiff to pay such person the amount of
the fee paid. If such fee is not paid within thirty days of service of
the order with notice of entry, the person who paid the fee, in addition
to any other remedies available at law, may apply to the clerk for an
order dismissing the action without prejudice.