Duty of stenographers in eighth judicial district

§ 309. Duty of stenographers in eighth judicial district. The
stenographers of the supreme court in the eighth judicial district
appointed pursuant to section one hundred and fifty-nine of this chapter
shall report and transcribe opinions for the justices of the supreme
court, when required, without additional compensation, and shall, within
twenty days after notice by an attorney or party that he intends to
appeal, make a case and exceptions or bill of exceptions in a criminal
or civil action, or that briefs are to be made or arguments prepared in
an action tried before the court without a jury, file with the clerk of
the county in which the venue of such action is laid a transcript of the
minutes taken by him on such trial together with such notice attached
thereto. The stenographer shall be entitled to the amount provided by
the civil practice law and rules as the same is now or may hereafter be
amended, for each folio of transcript so filed, and such amount shall be
paid by the treasurer of the county wherein the venue of such action is
laid, upon the order of the justice presiding at such trial.

The attorney giving such notice and the party shall be jointly and
severally liable for the amount so paid by the county treasurer for such
transcript, unless within six months after the filing of such transcript
such attorney or party shall file with the clerk of the county in which
the venue of such action is laid proof by affidavit that an appeal has
been taken in good faith with the intent to prosecute the same, a case
and exceptions or bill of exceptions in a civil or criminal action has
been made and filed or briefs or arguments have been prepared and made
in an action tried before the court without a jury. If such affidavit is
not filed as aforesaid, the party or his attorney giving such notice
shall pay to the county treasurer on demand, the amount paid by the said
treasurer to the stenographer for such transcript and the treasurer may
recover said amount in his name of office, in an action in any court of
competent jurisdiction against said attorney and party. The provisions
of this section, relating to stenographers making and filing transcripts
of minutes and the payment therefor by the county treasurer, shall not
apply to transcripts of minutes taken by stenographers in civil actions
or proceedings tried or heard in Genesee and Erie counties. The fee for
making and filing such transcripts in Genesee and Erie counties shall be
paid by the attorney or party who shall request such making and filing.