Section 91. Designation and compensation of papers in first, second, tenth and eleventh judicial districts for publication of calendars and notices

1.  The  justices  of  the  appellate  division  in  the first
  department, or a majority of them, shall be  vested  with  and  exercise
  from  time to time the power to designate a daily law journal, published
  in the first judicial  department,  in  which  shall  be  published  all
  calendars  of  such  courts  of  record  in  and  for the first judicial
  department as such justices shall select, together with every notice and
  advertisement of judicial proceedings which  shall  be  required  to  be
  published  in  one  or  more  papers  in  such judicial department. Such
  calendars, unless otherwise provided by the justices  of  the  appellate
  division,  shall  contain the numbers and titles of the causes and names
  of the attorneys appearing therein, with such particulars and notices in
  respect to such calendars or the causes thereon as may be  specified  by
  the  clerk  of  the  appellate division under the order of the appellate
  division.
    2. The justices of the appellate division in the second department, or
  a majority of them, are hereby authorized  to  contract,  from  year  to
  year,  for  the payment to the owner of the daily law journal designated
  pursuant to law by the justices of the appellate division in  the  first
  department for the publication of legal notices, of such compensation as
  they deem to be fair and reasonable for publishing calendars, decisions,
  opinions,  disposition  of cases, judgments, notices of pendency, liens,
  assignments, appointments of  referees  and  receivers,  assignments  of
  justices  and judges and other similar matters relating to the courts in
  the second, tenth and eleventh judicial districts; but this shall not in
  any way be construed to include notices or advertisements in actions  or
  judicial  proceedings  required  by  law  to be published in one or more
  newspapers.
    The amount of such compensation shall  be  annually  included  in  the
  budget  of  the  appellate  division  in  the  second  department.  Such
  compensation shall  be  certified  by  the  presiding  justice  of  such
  department  to the state comptroller who shall audit the same. The state
  department of taxation and finance shall pay such compensation and shall
  apportion the same among the counties comprising the second,  tenth  and
  eleventh judicial districts. Such counties shall reimburse the state for
  such  compensation.  The  time  and method of such apportionment and the
  time and method of such reimbursement shall be as specified  in  section
  seventy-four of this chapter.
    3.  The justices of the appellate division in the first department, or
  a majority of  them,  shall,  any  provision  of  law  to  the  contrary
  notwithstanding,  from  time  to  time designate such newspapers in such
  department as in their opinion have such a circulation as is  calculated
  to  give  public  notice  of  a legal publication, and from time to time
  revoke such designation. To entitle a newspaper to such  a  designation,
  it  must file with the clerk of the appellate division a statement, duly
  verified, showing approximately the size and extent of its  circulation,
  the  time  and  place of its regular publication, and a statement of its
  charges for legal publications.
    Whenever a notice, summons, citation, order or other  paper  shall  be
  required  by any provision of law, or by the order of any court or judge
  thereof, or of a surrogate or of the clerk  of  a  court  or  any  other
  official  or  individual,  to  be  published in a newspaper in the first
  department, or public notice of any application to a court or  judge  or
  other  officer shall be required to be given by publication thereof in a
  newspaper in the first department, or where any court or  judge  thereof
  or a surrogate or other judicial officer or public officer is authorized
  or  required  to  designate  a newspaper in the first department for the

  publication of any notice, summons, citation, order or other paper,  the
  newspaper  designated  by  any  court  or judge thereof, or surrogate or
  other judicial or public officer, shall be a newspaper designated by the
  appellate  division  of  the  supreme  court  in the first department as
  hereinbefore provided, and no such publication shall be deemed  to  give
  the  notice  required  to  be  given  if  the  same  is published in any
  newspaper in the first department which has not been  designated  by  an
  order  of  the  appellate  division  of  the  supreme court in the first
  department; and the publication of such notice, summons, citation, order
  or other paper in any undesignated newspaper  in  the  first  department
  shall not be deemed a compliance with any such provision of law or order
  of any court or judge.