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Appointment & Qualifications

Which of the following statements is NOT correct?

A

A New York attorney with a New York law office may be appointed without examination.

B

A commissioner of elections or inspector of elections is eligible for the office of notary public.

C

A sheriff may simultaneously hold the office of notary public while serving as sheriff.

D

A staff member appointed by a county clerk under County Law §534 is exempt from the exam fee and application fee.

Correct Answer

C. A sheriff may simultaneously hold the office of notary public while serving as sheriff.

AI Explanation

Eligibility and incompatibility must be distinguished. Election Law §§3-200 and 3-400 make election officials eligible, and County Law §534 exempts designated county-clerk appointees from the exam fee and application fee. In contrast, N.Y. Const. art. XIII, §13(a) says sheriffs shall hold no other office, so a sheriff may not also serve as a notary public.

Appointment & Qualifications Question #151
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