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Misconduct & Prohibited Acts

Under Executive Law §140(15), signing as a notary after removal as a NYC commissioner of deeds is:

A

No offense if the commission had not expired

B

A misdemeanor under Executive Law §140(15)

C

A class E felony under Penal Law §175.40

D

A civil penalty only

Correct Answer

B. A misdemeanor under Executive Law §140(15)

AI Explanation

Signing after such a removal is expressly criminalized. Executive Law §140(15) states that a removed New York City commissioner of deeds who, after knowledge of removal, signs or executes an instrument as a commissioner of deeds or notary public is guilty of a misdemeanor. Unlike the separate ineligibility rule in §140(14), this subdivision punishes the post-removal act itself.

Misconduct & Prohibited Acts Question #83
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