N.Y. Real Property Law § 311: Authentication of acknowledgments and proofs made without the state

§ 311. Authentication of acknowledgments and proofs made without the

state. 1. When a certificate of acknowledgment or proof is made, either

within or without the United States, by a commissioner of deeds

appointed pursuant to the laws of this state to take acknowledgments or

proofs without this state, the conveyance so acknowledged or proved is

not entitled to be read in evidence or recorded in this state, except as

provided in subdivision five of section one hundred eight of the

executive law, unless such certificate is authenticated by the

certificate of the secretary of state of the state of New York.

2. When a certificate of acknowledgment or proof is made by a notary

public in a foreign country other than Canada, the conveyance so

acknowledged or proved is not entitled to be read in evidence or

recorded in this state unless such certificate is authenticated (a) by

the certificate of the clerk or other certifying officer of a court in

the district in which such acknowledgment or proof was made, under the

seal of such court, or (b) by the certificate of the clerk, register,

recorder, or other recording officer of the district in which such

acknowledgment or proof was made, or (c) by the certificate of the

officer having charge of the official records of the appointment of such

notary, or having a record of the signature of such notary, or (d) by

the certificate of a consular officer of the United States resident in

such country.

3. When a certificate of acknowledgment or proof, made by the mayor or

other chief civil officer of a city or other political subdivision, is

not under the seal of such city or other political subdivision, the

conveyance so acknowledged or proved is not entitled to be read in

evidence or recorded in this state unless such certificate is

authenticated by the certificate of the clerk of such city or other

political subdivision, or by the certificate of a consular officer of

the United States resident in the country where the acknowledgment or

proof was made.

4. When a certificate of acknowledgment or proof is made pursuant to

the provisions of paragraph (e) of subdivision one of section two

hundred ninety-nine or of subdivision seven of section three hundred one

of this article by an officer or person not elsewhere in either of said

sections specifically designated to take acknowledgments or proofs, the

conveyance so acknowledged or proved is not entitled to be read in

evidence or recorded within this state unless such certificate is

authenticated (a) by the certificate of the secretary of state of a

state, or of the secretary of a territory, of the United States, or (b)

by the certificate of any officer designated in subdivision three of

this section to authenticate certificates of acknowledgment or proof, or

(c) by the certificate of any officer designated in paragraph (a) or (b)

of subdivision two of this section to authenticate certificates of

acknowledgment or proof, or (d) by the certificate of the officer having

charge of the official records showing that the person taking the

acknowledgment or proof is such officer as he purports to be, or having

a record of the signature of such person.

5. Except as provided in this section, no certificate of

authentication or certificate of conformity shall be required to entitle

a conveyance to be read in evidence or recorded in this state when

acknowledged or proved before any officer designated in section two

hundred ninety-nine or in section three hundred one of this article to

take such acknowledgment or proof.