The office is vacated automatically because the notary left New York.
The office may be retained because the attorney may remain a notary while residing in an adjoining state if the New York law office is maintained.
The office may be retained only until the next address-change filing.
The office is automatically converted into a commissioner of deeds position.
Correct Answer
B. The office may be retained because the attorney may remain a notary while residing in an adjoining state if the New York law office is maintained.
Detailed Explanation
Attorney-notaries get a specific adjoining-state rule. Executive Law §130(2) allows a person admitted to practice as an attorney in New York, whose law office is within the state, to be appointed and retain the office of notary public even while residing in or removing to an adjoining state. Unlike an ordinary resident notary who leaves New York without keeping a New York office or place of business, the attorney may retain the office.
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