N.Y. Executive Law § 142-a: Validity of acts of notaries public and commissioners of deeds notwithstanding certain defects

§ 142-a. Validity of acts of notaries public and commissioners of

deeds notwithstanding certain defects. 1. Except as provided in

subdivision three of this section, the official certificates and other

acts heretofore or hereafter made or performed of notaries public and

commissioners of deeds heretofore or hereafter and prior to the time of

their acts appointed or commissioned as such shall not be deemed

invalid, impaired or in any manner defective, so far as they may be

affected, impaired or questioned by reason of defects described in

subdivision two of this section.

2. This section shall apply to the following defects:

(a) ineligibility of the notary public or commissioner of deeds to be

appointed or commissioned as such;

(b) misnomer or misspelling of name or other error made in his

appointment or commission;

(c) omission of the notary public or commissioner of deeds to take or

file his official oath or otherwise qualify;

(d) expiration of his term, commission or appointment;

(e) vacating of his office by change of his residence, by acceptance

of another public office, or by other action on his part;

(f) the fact that the action was taken outside the jurisdiction where

the notary public or commissioner of deeds was authorized to act.

3. No person shall be entitled to assert the effect of this section to

overcome a defect described in subdivision two if he knew of the defect

or if the defect was apparent on the face of the certificate of the

notary public or commissioner of deeds; provided however, that this

subdivision shall not apply after the expiration of six months from the

date of the act of the notary public or commissioner of deeds.

4. After the expiration of six months from the date of the official

certificate or other act of the commissioner of deeds, subdivision one

of this section shall be applicable to a defect consisting in omission

of the certificate of a commissioner of deeds to state the date on which

and the place in which an act was done, or consisting of an error in

such statement.

5. This section does not relieve any notary public or commissioner of

deeds from criminal liability imposed by reason of his act, or enlarge

the actual authority of any such officer, nor limit any other statute or

rule of law by reason of which the act of a notary public or

commissioner of deeds, or the record thereof, is valid or is deemed

valid in any case.