Section 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.