N.Y. DOM Law § 13

§ 13. Marriage licenses. It shall be necessary for all persons\nintended to be married in New York state to obtain a marriage license\nfrom a town or city clerk in New York state and to deliver said license,\nwithin sixty days, to the clergyman, magistrate, or one-day marriage\nofficiant as designated by a town or city clerk pursuant to section\neleven-d of this article who is to officiate before the marriage\nceremony may be performed. In case of a marriage contracted pursuant to\nsubdivision four of section eleven of this chapter, such license shall\nbe delivered to the judge of the court of record before whom the\nacknowledgment is to be taken. If either party to the marriage resides\nupon an island located not less than twenty-five miles from the office\nor residence of the town clerk of the town of which such island is a\npart, and if such office or residence is not on such island such license\nmay be obtained from any justice of the peace residing on such island,\nand such justice, in respect to powers and duties relating to marriage\nlicenses, shall be subject to the provisions of this article governing\ntown clerks and shall file all statements or affidavits received by him\nwhile acting under the provisions of this section with the town clerk of\nsuch town. No application for a marriage license shall be denied on the\nground that the parties are of the same, or a different, sex.\n