The deposition may proceed because any commissioned notary is always a proper officer.
The deposition may proceed if all parties waive the issue orally.
The deposition may not be taken before that notary because an employee of a party’s attorney is not a proper officer under CPLR 3113.
The deposition may proceed only on Sunday.
Official source: Notary Public License Law (March 2026)
Reference: CPLR 3113
Source checked September 7, 2026
Correct Answer
C. The deposition may not be taken before that notary because an employee of a party’s attorney is not a proper officer under CPLR 3113.
Detailed Explanation
Deposition practice has its own neutrality rule. CPLR 3113 authorizes depositions before a notary public, but not before a person who is a party, attorney, or employee of a party’s attorney in the action. Not to be confused with ordinary acknowledgments, where statewide notarial authority is the main focus.
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