New York Supreme Court February 23, 1990 (Martin v. Consolidated Edison Co. of N. Y., Inc.)

OPINION OF THE COURT

Joseph S. Levine, J.

This motion seeks an order pursuant to CPLR 8012 directing the payment of poundage fees due the Sheriff of the City of New York. The motion raises three issues. One, must the Sheriff commence a plenary action to recover poundage fees? *757Two, may poundage fees be recovered absent the actual collection of money by the Sheriff?