2010 New York Code
EXC - Executive
Article 6 - (90 - 144) DEPARTMENT OF STATE
142-A - Validity of acts of notaries public and commissioners of deeds notwithstanding certain defects.

§ 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.

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