(a) An attorney-at-law admitted to practice in the state of New York,
resident in the place where the acknowledgment or proof is taken, or by
(b) An attorney-at-law admitted to practice in the state, District of
Columbia, territory, possession, dependency, or other place where the
acknowledgment or proof is taken, or by
(c) Any other person deemed qualified by any court of the state of New
York, if, in any action, proceeding, or other matter pending before such
court, it be necessary to determine that such acknowledgment or proof
conforms with the laws of such state, District of Columbia, territory,
possession, dependency, or other place; or by the supreme court of the
state of New York, on application for such determination. The justice,
judge, surrogate, or other presiding judicial officer shall append to
the instrument so acknowledged or proved his signed statement that he
deemed such person qualified to make such certificate.
2. (a) The signature to such a certificate of conformity shall be
presumptively genuine, and the qualification of the person whose name is
so signed as a person authorized to make such certificate shall be
presumptively established by the recital thereof in the certificate.
(b) The statement of a judicial officer appended to the instrument
that he deemed the person making such certificate qualified shall
establish the qualification of the person designated therein to make
such certificate; and the recording, filing, registering or use as
evidence of the instrument shall not depend on the power of the court to
make the statement and proof shall not be required of any action,
proceeding, matter or application in which or in connection with which
the statement is made.
(c) When an instrument so acknowledged or proved is accompanied by the
certificate of conformity and the statement of a judicial officer, if
any be required, the acknowledgment or proof of the instrument, for the
purpose of recording, filing or registering in any recording or filing
office in this state or for use as evidence, shall be equivalent to one
taken or made in the form prescribed by law for use in this state; and
if the acknowledgment or proof is properly authenticated, where
authentication is required by law, and if the instrument be otherwise
entitled to record, filing or registering, such instrument, together
with the acknowledgment or proof, the certificate of conformity and any
certificate of authentication or statement of a judicial officer, may be
recorded, filed or registered in any recording or filing office in this
state, and shall be so recorded, filed or registered upon payment or
tender of lawful fees therefor. In fixing the fees of a recording,
filing or registering officer, the certificate of conformity and the
statement of a judicial officer appended, if any, shall be treated as
certificates of authentication required by other provisions of this
chapter.
Structure New York Laws
Article 9 - Recording Instruments Affecting Real Property
290 - Definitions; Effect of Article.
291 - Recording of Conveyances.
291-C - Recording Memoranda of Leases.
291-CC - Recording Modifications of Leases.
291-F - Rights Where Recorded Mortgage Restricts Landlord's Action in Respect to Leases.
291-G - Recording Insurance Information.
291-H - Recording of Liens by the State.
291-I - Validity of Electronic Recording.
291-J - Recording of Declarations by the New York State Energy Research and Development Authority.
292 - By Whom Conveyance Must Be Acknowledged or Proved.
293 - Recording of Conveyances Heretofore Acknowledged or Proved.
294 - Recording Executory Contracts and Powers of Attorney.
294-A - Recording Assignments of Rent.
294-B - Recording Brokers Affidavit of Entitlement to Commission for Completed Brokerage Services.
295 - Recording of Letters Patent.
296 - Recording Copies of Instruments Which Are in Secretary of State's Office.
297 - Certified Copies May Be Recorded.
297-A - Recording of Certified Copies of Bankruptcy Papers; Constructive Notice.
297-B - Recording of Certified Copies of Judgments Affecting Real Property.
298 - Acknowledgments and Proofs Within the State.
300 - Acknowledgments and Proofs by Persons in or With the Armed Forces of the United States.
301 - Acknowledgments and Proofs in Foreign Countries.
302 - Acknowledgments and Proofs by Married Women.
303 - Requisites of Acknowledgments.
304 - Proof by Subscribing Witness.
305 - Compelling Witnesses to Testify.
306 - Certificate of Acknowledgment or Proof.
307 - When Certificate to State Time and Place.
308 - When Certificate Must Be Under Seal.
309-B - Uniform Forms of Certificates of Acknowledgment or Proof Without This State.
310 - Authentication of Acknowledgments and Proofs Made Within the State.
311 - Authentication of Acknowledgments and Proofs Made Without the State.
312 - Contents of Certificate of Authentication.
314-A - Proof When Witnesses Are Dead.
316-A - Indexing and Reindexing Conveyances, Mortgages and Other Instruments.
316-B - Inactive Hazardous Waste Disposal Site Registry Index.
318 - Certificate to Be Recorded.
320 - Certain Deeds Deemed Mortgages.
321 - Recording Discharge of Mortgage.
321-A - Recording Discharge of Rent Assignment.
324 - Effect of Recording Assignment of Mortgage.
325 - Recording of Conveyances Made by Treasurer of Connecticut.
326 - Revocation to Be Recorded.
327 - Penalty for Using Long Forms of Covenants.
328 - Certain Acts Not Affected.
329 - Actions to Have Certain Instruments Canceled of Record.
329-A - Lapse of Oil and Gas Interest Within Allegany State Park.
330 - Officers Guilty of Malfeasance Liable for Damages.
332 - The Record of Certain Conveyances Validated.
332-B - The Record of Certain Other Conveyances Validated.
333 - When Conveyances of Real Property Not to Be Recorded.
333-A - Same; Maps to Be Filed.
333-B - Recording of Maps or Plot Plans.
333-C - Lands in Agricultural Districts; Disclosure.
334 - Maps to Be Filed; Penalty for Nonfiling.
334-A - Filing of Subdivision Maps in Nassau County; Penalty for Non-Filing.
335 - Filing of Maps and Abandonment of Subdivisions in Suffolk County; Penalty for Nonfiling.
335-A - Easements of Necessity.
335-B - Recording of Solar Energy Easements.
336 - Effect of Recording Demands or Requirements of Noncitizen Property Custodian.