NY Exec L § 140 (2021)
2021 New York Laws EXC - Executive Article 6 - Department of State 140 - Commissioners of Deeds in the City of New York.

§ 140. Commissioners  of deeds in the city of New York. 1. The council   of the city of New York is hereby authorized and is empowered to appoint   commissioners of deeds in such city from time to time,  who  shall  hold   their offices for two years from the date of their appointment.2.  No  person  shall  be  appointed a commissioner of deeds except an   attorney-at-law  unless  such  person  shall  have  submitted  with  his   application  proof  of  his ability to perform the duties of the office.   Applicants serving clerkships in the offices  of  attorneys,  and  whose   clerkship certificate is on file with the proper officials, shall submit   an  affidavit  to that effect. Other employees of attorneys shall submit   an affidavit sworn to by a member of the firm of such attorneys that the   applicant is a proper and competent person to perform the  duties  of  a   commissioner of deeds. Every other applicant shall furnish a certificate   of  the  city  clerk  of  such  city  stating  that  he has examined the   applicant and believes such applicant to be  competent  to  perform  the   duties  of  a  commissioner  of  deeds;  provided, however, that where a   commissioner of deeds applies, before the expiration of his term, for  a   reappointment  or  where  a  person  whose term as commissioner of deeds   shall have expired applies within six months after such  expiration  for   appointment  as  a  commissioner of deeds, such examination shall not be   required. Upon any such application for  such  renewal  the  city  clerk   shall  furnish  the  applicant  with  a  certificate  stating  that  the   applicant has theretofore qualified for  appointment  and  indicate  the   date  of  the  applicant's  original  appointment  thereon.  The fee for   issuing each such certificate shall be fifty cents.3. Such appointment shall not require the approval of the  mayor,  and   hereafter,  at the time of subscribing or filing the oath of office, the   city clerk shall collect from each person appointed  a  commissioner  of   deeds  the  sum  of  twenty-five dollars, and he shall not administer or   file such oath unless such fee has been paid.4. The city clerk shall designate a commissioner of deeds clerk, whose   duties shall be to enter the names of commissioners of  deeds  appointed   in  a  book  kept for that purpose, make out certificates of appointment   and discharge such other duties as the city clerk may designate.5. Any person hereafter appointed to the  office  of  commissioner  of   deeds  in  and  for the city of New York by the council, before entering   upon the discharge of the duties of such office and within  thirty  days   after such appointment, shall take and subscribe before the commissioner   of  deeds  clerk  in  the  office of the city clerk or before any person   authorized to administer oaths the following oath of  office:  that  the   applicant is a citizen of the United States, and a resident of the state   of New York, the city of New York and the county of (naming the county);   that  he  will  support  the  constitution  of the United States and the   constitution of the state of  New  York  and  faithfully  discharge  the   duties  of  the  office  of  commissioner  of  deeds. A person regularly   admitted to practice as an attorney and  counsellor  in  the  courts  of   record of this state, whose office for the practice of law is within the   city  of  New  York, may be appointed a commissioner of deeds in and for   the city of New York and may retain his office as such  commissioner  of   deeds although he resides in or removes to another city in this state or   to  an  adjoining  state.  For  the  purposes  of this and the following   sections of this article such person shall be deemed a resident  of  the   county where he maintains such office.5-a.  A  person  regularly  admitted  to  practice  as an attorney and   counsellor in the courts of record of this state, whose office  for  the   practice  of  law  is  within  the  city of New York, may be appointed a   commissioner of deeds in and for the city of New York and may retain his   office as such commissioner of deeds although he resides in  or  removes    to  any  other  county  in this state or to an adjoining state.  For the   purposes of this article such person shall be deemed a resident  of  the   county where he maintains such office.6.  Any commissioner of deeds who may remove from the city of New York   during his term of office vacates his office and is hereby  required  to   notify  the city clerk of such removal, and immediately upon the receipt   of such notice of removal the city clerk shall cause the  name  of  such   commissioner  to  be stricken from the roll of commissioners of deeds of   the city.7. Any person appointed to the office of commissioner of  deeds  under   the  provisions  of this section, upon qualifying as above provided, may   administer oaths and take acknowledgments or proofs of deeds  and  other   instruments in any part of the city of New York.8.  A  commissioner  of  deeds  may  file  his autograph signature and   certificate of appointment in the office of  any  county  clerk  in  the   city;  and  the  city  clerk, upon request of any commissioner appointed   under the provisions of this section and  upon  payment  of  twenty-five   cents  for  each certificate, must make and deliver to such commissioner   such number of certificates  as  such  commissioner  may  require.  Such   certificates  shall  be  issued  under the hand and official seal of the   city  clerk,  showing  the  appointment  and  term  of  office  of  such   commissioner   and  stating  the  county  in  which  he  resides,  which   certificates may be filed in the office of the several county clerks  in   the city upon payment of one dollar in each office for filing.9. The clerks of the counties of New York, Kings, Queens, Richmond and   Bronx  shall  each  keep  a  book  or  card index file in which shall be   registered  the  signature  of  the   commissioners   so   filing   such   certificates;  and  the county clerk of any county in the city with whom   such commissioner has filed a certificate  of  appointment  shall,  upon   demand  and  upon  payment  of  the  sum  of fifty cents, authenticate a   certificate of  acknowledgment  or  proof  of  oath  taken  before  such   commissioner of deeds, without regard to the county in the city in which   such acknowlgment or proof was taken or oath administered, by subjoining   or  attaching  to the original certificate of acknowledgment or proof or   oath a certificate under his hand and official seal specifying  that  at   the  time  of  taking  the  acknowledgment  or proof or oath the officer   taking it was duly authorized to take the same; that the  authenticating   officer is acquainted with the former's handwriting, or has compared the   signature  on  the certificate of acknowledgment, proof or oath with the   autograph signature deposited in his office by such officer, and that he   verily believes the signature is genuine.10. Any instrument or paper sworn to, proved or acknowledged before  a   commissioner  of  deeds within the city of New York and authenticated as   hereinbefore provided by the clerk of any county within  the  city  with   whom such commissioner has filed his autograph signature and certificate   of  appointment  shall be recorded and read in evidence in any county in   this state without further  proof;  provided,  however,  that  a  county   clerk's  certificate of authentication shall not be necessary to entitle   any deed or other instrument or paper so proved or  acknowledged  to  be   recorded  or  read in evidence in any office of the county clerks within   the city of New York or the office of the register of the  city  of  New   York.11.  A  commissioner  of  deeds  must  affix,  in  black  ink, to each   instrument  sworn  to,  acknowledged  or  proved,  in  addition  to  his   signature,  the  date  when  his term expires and his official number as   given to him by the city clerk, and must print, typewrite or  stamp  his   name in black ink beneath his signature. 12.  The  mayor of the city of New York may remove any commissioner of   deeds appointed under the provisions of this section  for  cause  shown;   but  no  such commissioner shall be removed until charges have been duly   made against him to the mayor and the commissioner  shall  have  had  an   opportunity to answer the same. At any proceedings held before the mayor   for the removal of such commissioner of deeds the mayor shall have power   to  subpoena  witnesses and to compel the attendance of the same, and to   administer oaths, and to compel the production of books and papers,  and   upon the termination of such proceedings shall make his decision thereon   in  writing,  and  cause  the same to be filed in the office of the city   clerk of the city of New York, provided, however, that  the  mayor  may,   whenever a hearing is granted by him on complaint against a commissioner   of  deeds,  designate  an  assistant  corporation counsel to preside who   shall have power to subpoena witnesses and to compel the  attendance  of   the  same,  administer  oaths, compel the production of books and papers   and receive exhibits; such assistant shall, upon the termination of such   proceedings, certify a  copy  of  the  stenographer's  minutes  of  such   hearing  and such exhibits as may be received in evidence, together with   his recommendations on the issues presented, whereupon the  mayor  shall   render a decision on all matters presented on such hearing.13.  In  case  such commissioner shall be removed from office the city   clerk, immediately upon the receipt by  him  of  the  order  of  removal   signed  by  the  mayor,  shall  cause  the  name of such commissioner so   removed to be stricken from the roll of commissioners of  deeds  of  the   city.14.  No  person  who has been removed from office as a commissioner of   deeds for  the  city  of  New  York,  as  hereinbefore  provided,  shall   thereafter  be  eligible again to be appointed as such commissioner nor,   shall he be eligible thereafter to appointment to the office  of  notary   public.15.  Any  person  who  has  been removed from office as aforesaid, who   shall, after knowledge of such removal, sign or execute  any  instrument   as  a commissioner of deeds or notary public shall be deemed guilty of a   misdemeanor.16. In case of the removal for cause, or  removal  from  the  city  or   resignation of a commissioner of deeds, the city clerk shall immediately   notify  each  county  clerk  and the register of the city of New York of   such removal or resignation.