N.Y. Executive Law Section 142-A
Validity of acts of notaries public and commissioners of deeds notwithstanding certain defects

1.

Except as provided in subdivision three of this section, the official certificates and other acts heretofore or hereafter made or performed of notaries public and commissioners of deeds heretofore or hereafter and prior to the time of their acts appointed or commissioned as such shall not be deemed invalid, impaired or in any manner defective, so far as they may be affected, impaired or questioned by reason of defects described in subdivision two of this section.

2.

This section shall apply to the following defects:

(a)

ineligibility of the notary public or commissioner of deeds to be appointed or commissioned as such;

(b)

misnomer or misspelling of name or other error made in his appointment or commission;

(c)

omission of the notary public or commissioner of deeds to take or file his official oath or otherwise qualify;

(d)

expiration of his term, commission or appointment;

(e)

vacating of his office by change of his residence, by acceptance of another public office, or by other action on his part;

(f)

the fact that the action was taken outside the jurisdiction where the notary public or commissioner of deeds was authorized to act.

3.

No person shall be entitled to assert the effect of this section to overcome a defect described in subdivision two if he knew of the defect or if the defect was apparent on the face of the certificate of the notary public or commissioner of deeds; provided however, that this subdivision shall not apply after the expiration of six months from the date of the act of the notary public or commissioner of deeds.

4.

After the expiration of six months from the date of the official certificate or other act of the commissioner of deeds, subdivision one of this section shall be applicable to a defect consisting in omission of the certificate of a commissioner of deeds to state the date on which and the place in which an act was done, or consisting of an error in such statement.

5.

This section does not relieve any notary public or commissioner of deeds from criminal liability imposed by reason of his act, or enlarge the actual authority of any such officer, nor limit any other statute or rule of law by reason of which the act of a notary public or commissioner of deeds, or the record thereof, is valid or is deemed valid in any case.

Source: Section 142-A — Validity of acts of notaries public and commissioners of deeds notwithstanding certain defects, https://www.­nysenate.­gov/legislation/laws/EXC/142-A (updated Sep. 22, 2014; accessed Apr. 27, 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
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Business entity database 101
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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 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
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Accessed:
Apr. 27, 2024

Last modified:
Sep. 22, 2014

§ 142-A’s source at nysenate​.gov

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