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Appointment & Qualifications

Which of the following statements is NOT correct?

A

A person admitted to practice as an attorney and counselor at law in New York may be appointed without examination.

B

A nonresident may be appointed as a New York notary public if the person has an office or place of business in New York State.

C

Any person employed by a county clerk is automatically exempt from the written examination.

D

The Secretary of State commissions notaries public in New York.

Correct Answer

C. Any person employed by a county clerk is automatically exempt from the written examination.

AI Explanation

The third statement is incorrect. Executive Law §130 allows attorney applicants to be appointed without examination, and nonresidents may qualify if they maintain a New York office or place of business. County Law §534 helps only staff members actually appointed by a county clerk under that section; it does not create a blanket exam exemption for every county-clerk employee.

Appointment & Qualifications Question #1
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