The deposition may proceed because a New York notary may always take a deposition whenever an oath could be administered.
The deposition may not be taken because the booklet’s “Sunday” rule allows an oath, affidavit, or acknowledgment on Sunday but not a deposition in a civil proceeding.
The deposition may proceed only if it is later authenticated by a county clerk.
The deposition may proceed if the witness signs an affidavit instead of testifying.
Official source: Notary Public License Law (March 2026)
Reference: Executive Law §135
Source checked September 7, 2026
Correct Answer
B. The deposition may not be taken because the booklet’s “Sunday” rule allows an oath, affidavit, or acknowledgment on Sunday but not a deposition in a civil proceeding.
Detailed Explanation
Sunday treatment differs by act type. Under “Sunday” in “Definitions and General Terms,” a notary public may administer an oath or take an affidavit or acknowledgment on Sunday, but a deposition cannot be taken on Sunday in a civil proceeding. Not to be confused with the general power to take depositions under Executive Law §135, this is a specific Sunday limitation.
See the Correct Answer & Detailed Explanation
Try 10 free preview questions with instant feedback, official source references, and detailed explanations. Full access includes all 500 New York questions.
Start the 10-Question Free PreviewNo credit card required · Interactive quiz simulator