2023 New York Laws › EXC - Executive › Article 6 - Department of State › 130 - Appointment of Notaries Public.

§ 130. Appointment  of notaries public.  1. The secretary of state may
  appoint and commission as many notaries public for the state of New York
  as in his or her judgment may be deemed best, whose  jurisdiction  shall
  be  co-extensive  with the boundaries of the state. The appointment of a
  notary public shall be for a term of four years. An application  for  an
  appointment as notary public shall be in form and set forth such matters
  as  the  secretary  of  state shall prescribe. Every person appointed as
  notary public must, at the time of his or her appointment, be a resident
  of the state of New York or have an office or place of business  in  New
  York state. A notary public who is a resident of the state and who moves
  out of the state but still maintains a place of business or an office in
  New  York  state does not vacate his or her office as a notary public. A
  notary public who is a nonresident and who ceases to have an  office  or
  place  of  business in this state, vacates his or her office as a notary
  public. A notary public who is a resident of New York  state  and  moves
  out  of the state and who does not retain an office or place of business
  in this state shall vacate his or her  office  as  a  notary  public.  A
  non-resident  who  accepts  the  office  of  notary public in this state
  thereby appoints the secretary of state as the person upon whom  process
  can  be  served  on his or her behalf. Before issuing to any applicant a
  commission as notary public,  unless  he  or  she  be  an  attorney  and
  counsellor  at  law  duly  admitted to practice in this state or a court
  clerk of the unified  court  system  who  has  been  appointed  to  such
  position  after  taking  a  civil service promotional examination in the
  court clerk series of titles,  the  secretary  of  state  shall  satisfy
  himself  or  herself  that the applicant is of good moral character, has
  the equivalent of a common school education and  is  familiar  with  the
  duties  and responsibilities of a notary public; provided, however, that
  where a notary public applies, before the expiration of his or her term,
  for reappointment with the county clerk or where a person whose term  as
  notary  public  shall  have expired applies within six months thereafter
  for reappointment as  a  notary  public  with  the  county  clerk,  such
  qualifying  requirements  may  be  waived by the secretary of state, and
  further, where an application for reappointment is filed with the county
  clerk after the expiration of the aforementioned  renewal  period  by  a
  person  who  failed  or  was  unable to re-apply by reason of his or her
  induction or enlistment in the armed forces of the United  States,  such
  qualifying  requirements  may  also be waived by the secretary of state,
  provided such application for reappointment is made within a  period  of
  one  year after the military discharge of the applicant under conditions
  other than dishonorable, or if the applicant has a qualifying condition,
  as defined in section one of the veterans' services law, within a period
  of one year after the applicant has received a discharge other than  bad
  conduct  or  dishonorable  from  such  service, or if the applicant is a
  discharged LGBT veteran, as defined in  section  one  of  the  veterans'
  services  law,  within  a  period  of  one  year after the applicant has
  received a discharge other than bad conduct or  dishonorable  from  such
  service.  In any case, the appointment or reappointment of any applicant
  is in the discretion of the secretary of state. The secretary  of  state
  may  suspend  or  remove  from office, for misconduct, any notary public
  appointed by him or her but no such removal shall  be  made  unless  the
  person who is sought to be removed shall have been served with a copy of
  the  charges  against him or her and have an opportunity of being heard.
  No person shall be appointed as a notary public under this  article  who
  has  been convicted, in this state or any other state or territory, of a
  crime, unless the secretary makes a  finding  in  conformance  with  all
  applicable  statutory requirements, including those contained in article

  twenty-three-A of the correction  law,  that  such  convictions  do  not
  constitute a bar to appointment.
2.  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 state, may be appointed a notary public
  and retain his office as such notary public although he  resides  in  or
  removes to an adjoining state. For the purpose of this and the following
  sections  of  this article such person shall be deemed a resident of the
  county where he maintains such office.