It is proper because any New York notary may take any deposition at any time if both sides appear.
It is improper only because Sunday is forbidden; employment by counsel does not matter.
It is improper both because a civil deposition cannot be taken on Sunday and because an employee of a party's attorney may not serve as the deposition officer.
It is improper only if the witness refuses to sign the deposition transcript.
Official source: Notary Public License Law (March 2026)
Reference: CPLR 3113
Source checked September 7, 2026
Correct Answer
C. It is improper both because a civil deposition cannot be taken on Sunday and because an employee of a party's attorney may not serve as the deposition officer.
Detailed Explanation
Two separate rules point the same way. The booklet's "Sunday" entry says a deposition cannot be taken on Sunday in a civil proceeding, and CPLR 3113 bars an attorney for a party, or that attorney's employee, from serving as the deposition officer. In practice, either defect is enough; here both defects are present.
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