It is proper because a notary may always take depositions on Sunday and administer oaths by video.
It is improper because a civil deposition cannot be taken on Sunday, and ordinary oath administration still requires the person's personal appearance before the officer unless a specific remote-authorization rule applies.
It is proper if the witness emails a signed affidavit afterward.
It is improper only because the witness is outside New York.
Official source: Notary Public License Law (March 2026)
Reference: CPLR §2309; Part 182 authorization
Source checked September 7, 2026
Correct Answer
B. It is improper because a civil deposition cannot be taken on Sunday, and ordinary oath administration still requires the person's personal appearance before the officer unless a specific remote-authorization rule applies.
Detailed Explanation
This fact pattern triggers two separate rules. The booklet's "Sunday" entry says a deposition cannot be taken on Sunday in a civil proceeding, and the oath discussion citing CPLR §2309 and cases such as Matter of Napolis makes clear that ordinary oath administration requires personal appearance rather than telephone or other non-authorized remote administration. In practice, remote appearance is permitted only when a specific statute or Part 182 authorization applies.
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