N.Y. CVP Law § 306-A

§ 306-a. Index number in an action or proceeding commenced in supreme\nor county court. (a) Upon filing the summons and complaint, summons with\nnotice or petition in an action or proceeding commenced in supreme or\ncounty court with the clerk of the county, an index number shall be\nassigned and the fee required by subdivision (a) of section eight\nthousand eighteen of this chapter shall be paid. Upon the filing of a\nsummons and complaint against a person not already a party, as permitted\nunder section one thousand seven or rule one thousand eleven of this\nchapter, the fee required by subdivision (a) of section eight thousand\neighteen of this chapter shall be paid, but a separate index number\nshall not be assigned.\n (b) If a person other than the plaintiff or third-party plaintiff who\nserved the summons or third-party summons obtains the index number and\npays the fee therefor, the clerk shall issue an order directing the\nplaintiff or the third-party plaintiff to pay such person the amount of\nthe fee paid. If such fee is not paid within thirty days of service of\nthe order with notice of entry, the person who paid the fee, in addition\nto any other remedies available at law, may apply to the clerk for an\norder dismissing the action without prejudice.\n