2023 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.