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Misconduct & Prohibited Acts

If a person knowingly acts as a notary after removal from office as a commissioner of deeds or notary under Executive Law §140(15), the conduct is treated as:

A

A civil infraction only.

B

A misdemeanor.

C

A class D felony.

D

No offense if the seal is not used.

Correct Answer

B. A misdemeanor.

AI Explanation

Post-removal signing is criminalized in the statute itself. Executive Law §140(15) states that a person removed from office who thereafter signs or executes an instrument as commissioner of deeds or notary public is guilty of a misdemeanor. Unlike forgery or false certificate charges, the offense level here is not a felony grade in the statute.

Misconduct & Prohibited Acts Question #384
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