2010 New York Code
EXC - Executive
Article 6 - (90 - 144) 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  citizen
  of  the  United States and either 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. 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 felony or
  any of the following offenses, to wit:
    (a)  Illegally  using,  carrying  or  possessing  a  pistol  or  other
  dangerous  weapon;  (b)  making or possessing burglar's instruments; (c)
  buying or  receiving  or  criminally  possessing  stolen  property;  (d)
  unlawful  entry  of  a  building;  (e)  aiding  escape  from prison; (f)
  unlawfully possessing or distributing habit forming narcotic drugs;  (g)
  violating  sections  two  hundred  seventy,  two  hundred seventy-a, two
  hundred seventy-b, two hundred seventy-c, two hundred  seventy-one,  two
  hundred  seventy-five, two hundred seventy-six, five hundred fifty, five

hundred fifty-one, five hundred fifty-one-a and subdivisions six, ten or
  eleven of section seven hundred twenty-two of the former penal law as in
  force and effect immediately prior to September first, nineteen  hundred
  sixty-seven,  or violating sections 165.25, 165.30 or subdivision one of
  section 240.30 of the penal law,  or  violating  sections  four  hundred
  seventy-eight,  four  hundred  seventy-nine,  four  hundred eighty, four
  hundred eighty-one, four hundred eighty-four, four  hundred  eighty-nine
  and  four  hundred  ninety-one  of the judiciary law; or (h) vagrancy or
  prostitution, and who has not subsequent to such conviction received  an
  executive  pardon  therefor or a certificate of relief from disabilities
  or a certificate of good conduct pursuant to article twenty-three of the
  correction law to remove the disability under this  section  because  of
  such conviction.
    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.