N.Y. Executive Law § 142: Powers of such commissioners

§ 142. Powers of such commissioners. Every such commissioner shall

have authority, within the city, county, municipality or other political

subdivision for which he is appointed, and in the manner in which such

acts are performed by authorized officers within the state:

1. To take the acknowledgment or proof of the execution of a written

instrument, except a bill of exchange, promissory note or will, to be

read in evidence or recorded in this state.

2. To administer oaths.

3. If such commissioner is also an attorney at law regularly admitted

to practice in this state, in his discretion, to the extent authorized

by this section, to administer an oath to or take the acknowledgment of

or proof of the execution of an instrument by his client with respect to

any matter, claim, action or proceeding.

4. If appointed for a foreign country, to certify to the existence of

a patent, record or other document recorded in a public office or under

official custody in such foreign country, and to the correctness of a

copy of such patent, record or document, or to the correctness of a copy

of a certified copy of such patent, record or other document, which has

been certified according to the form in use in such foreign country.

5. A written instrument acknowledged or proved, an oath administered,

or a copy or a copy of a certified copy of a patent, record or other

document certified, as heretofore provided in this section, may be read

in evidence or recorded within this state, the same as if taken,

administered or certified within the state before an officer authorized

to take the acknowledgment or proof of a written instrument, to

administer oaths, or to certify to the correctness of a public record,

if there shall be annexed or subjoined thereto, or indorsed thereon a

certificate of the commissioner before whom such acknowledgment or proof

was taken, by whom the oath was administered, or by whom the correctness

of such copy is certified, under his hand and official seal. Such

certificate shall specify the day on which, and the city or other

political subdivision, and the state or country or other place in which,

the acknowledgment or proof was taken, or the oath administered, without

which specification the certificate shall be void. Except as provided in

subdivision five of this section, such certificate shall be

authenticated by the certificate of the secretary of state annexed or

subjoined to the certificate of such commissioner, that such

commissioner was, at the time of taking such acknowledgment or proof, of

administering such oath, or of certifying to such patent record or

document, or copy thereof, duly authorized therefor, that he is

acquainted with the handwriting of such commissioner, or has compared

the signature upon the certificate with the signature of such

commissioner deposited in his office, that he has compared the

impression of the seal affixed to such certificate with the impression

of the seal of such commissioner deposited in his office, and that he

believes the signature and the impression of the seal upon such

certificate to be genuine. The certificate of a commissioner as to the

correctness of a copy of a certified copy of a patent, record or other

document, as provided by this section, shall be presumptive evidence

that it was certified according to the form in use in such foreign

country.

6. A commissioner of deeds appointed pursuant to the preceding section

may during his term of office procure from the secretary of state, on

payment to him of a fee of two dollars, a certificate of his

appointment, prescribed by the secretary of state, stating among other

things, the date of his appointment, the date of expiration thereof and

the city, county, municipality or other political subdivision for which

he is appointed, and containing the signature of the commissioner in his

own handwriting and his official seal, and certifying that he has

compared the signature on such certificate with the signature of such

commissioner deposited in his office, that he has compared the

impression of the seal affixed to such certificate with the impression

of the seal of such commissioner deposited in his office and that he

believes the signature and the impression of the seal upon such

certificate to be genuine. Such a certificate may be filed by such

commissioner in the office of any county clerk or register in the state

upon the payment to such county clerk or register of a fee of two

dollars. Upon the filing of such certificate in the office of a county

clerk or register in this state, a written instrument acknowledged or

proved, an oath administered, or a copy or copy of a certified copy of a

patent, record or other document certified, by a commissioner pursuant

to this section, shall be entitled to be read in evidence and shall be

accepted for filing or recording and filed or recorded, as the case may

be, in the office of such county clerk or register, on tender or payment

of the lawful fees therefor, without having annexed or subjoined to the

certificate of such commissioner contained thereon the authenticating

certificate of the secretary of state as required by subdivision five of

this section or by subdivision one of section three hundred eleven of

the real property law or by any other provision of law.