N.Y. Executive Law Section 139
Commissioners of deeds within the state


1.

Commissioners of deeds in the cities of this state shall be appointed by the common councils of such cities respectively, and shall hold office for the term of two years from the date of their appointment, and until others are appointed in their places. A vacancy occurring during the term for which any commissioner shall be appointed, shall be filled by the common council. The common council of the several cities of this state, except in cities of this state situate in a county which has a population of not less than one hundred and eighty thousand, and not more than six hundred and fifty thousand, according to the last state or federal enumeration, shall at the end of every even numbered year, by resolution of the board, determine the number of commissioners of deeds to be appointed for such cities respectively.

2.

The term of office of each commissioner of deeds appointed by the common council in cities of this state situate in a county which has a population of not less than one hundred and eighty thousand, and not more than six hundred and fifty thousand, according to the last state or federal enumeration, shall expire on the thirty-first of December of the even numbered year next after he shall be appointed. The common council of any such city shall in the month of November in every even numbered year, by resolution, determine the number of commissioners of deeds to be appointed in such cities, respectively, for the next succeeding two years.

3.

Any person who resides in or maintains an office or other place of business in any such city and who resides in the county in which said city is situated shall be eligible to appointment. Such commissioners of deeds may be appointed by the common council by resolution, and the city clerk shall immediately after such appointment, file a certificate thereof with the county clerk of the county in which such city is situate, specifying the term for which the said commissioners of deeds shall have been appointed; the county clerk shall thereupon notify such persons of their appointment, and such persons so appointed shall qualify by filing with him his oath of office, duly executed before such county clerk or before any person authorized to administer an oath, together with his official signature, within thirty days from the date of such notice.

4.

The county clerk shall make a proper index of certificates of appointment and official signatures filed with him. For filing and indexing the certificate of appointment and official signature, the county clerk shall be paid a fee of one dollar by the appointee, which fee shall include the administration of the oath by the county clerk, should he administer the same.

5.

If a person appointed commissioner of deeds shall not file his oath of office as such commissioner of deeds, in the office of the clerk of the county of his residence, within thirty days after the notice of his appointment as above provided, his appointment is deemed revoked and the fee filed with his application forfeited.

6.

A commissioner of deeds may file his autograph signature and certificate of appointment in the office of any county clerk, and the county clerk of the county in which such city is located, 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 may be required. Such certificates shall be issued under the hand and seal of the county clerk of the county in which such city is located, showing the appointment and term of office of such commissioner and stating the county in which he resides. Such a certificate may be filed in the office of any county clerk upon the payment of one dollar for such filing in each office. The clerks of the counties outside the city of New York, shall each keep a book or card index file in which shall be registered the signature of the commissioners so filing such certificates.

7.

The county clerk of the county in which said city is located 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 within such city, by subjoining or attaching to the original certificate of acknowledgment or proof of oath a certificate under his hand and official seal specifying that at the time of taking the acknowledgment or proof of 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 or proof of oath with the autograph signature deposited in his office by such officer, and that he verily believes the signature is genuine.

8.

Any instrument or paper sworn to, proved or acknowledged before a commissioner of deeds within a city and authenticated as hereinbefore provided by the clerk of a county within which such city is located 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 in any office where such commissioner has filed his autograph signature and certificate of appointment or to be read in evidence in any county in which such commissioner has filed with the county clerk his autograph signature and certificate of appointment, as herein provided.

9.

The foregoing provisions of this section shall not apply in the city of New York.

Source: Section 139 — Commissioners of deeds within the state, https://www.­nysenate.­gov/legislation/laws/EXC/139 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

90
Department of state
91
Rules
92
Deputies
93
Custody of records
93‑A
Examination of reports
94
Commission on ethics and lobbying in government
94‑A
Consumer protection division
94‑B
Office for new Americans
94‑C
Major renewable energy development program
94‑D
New York Asian American and Pacific Islander commission
95
Legislative manual
96
Fees and refunds
96‑A
Fees for services rendered pursuant to the uniform commercial code
97
Completing unfinished papers
97‑A
Affirmation in lieu of oath
98
Copies of amendments to rules for admission of attorneys
99
Central state registry of security guards
100
Central state registry of armored car guards
100‑A
Information on state agencies pertaining to persons subjected to section seventy-three-a of the public officers law and who hold policy-m...
100‑B
Business entity database
101
Accessibility, rules and regulations
101‑A
Legislative notification of the proposed adoption, amendment, suspension or repeal of agency rules
101‑B
Application by municipal corporations for the suspension of certain rules
102
Filing and publication of codes, rules and regulations
103
Future editions and supplements of official compilations
104
Departmental cooperation
104‑A
Departmental cooperation regarding water quality
105
Changes in codes, rules or regulations
106
Proof of codes, rules and regulations
106‑A
Internet access to the New York code, rules and regulations
107
Intergovernmental agreements
108
Address confidentiality program
109
Registration of certain service providers
110
Administration of certain monies
130
Appointment of notaries public
131
Procedure of appointment
132
Certificates of official character of notaries public
133
Certification of notarial signatures
134
Signature and seal of county clerk
135
Powers and duties
135‑A
Notary public or commissioner of deeds
135‑B
Advertising by notaries public
135‑C
Electronic notarization
136
Notarial fees
137
Statement as to authority of notaries public
138
Powers of notaries public or other officers who are stockholders, directors, officers or employees of a corporation
139
Commissioners of deeds within the state
140
Commissioners of deeds in the city of New York
141
Commissioners of deeds in other states, territories and foreign countries
142
Powers of such commissioners
142‑A
Validity of acts of notaries public and commissioners of deeds notwithstanding certain defects
143
Fees of such commissioners
144
Saving clause
144‑A
Eligible professions for the purchase, sale, and use of body armor

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 139’s source at nysenate​.gov

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