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Appointment & Qualifications

Which of the following statements is NOT correct?

A

A New York-admitted attorney with an in-state law office may be appointed without examination.

B

A Unified Court System court clerk is automatically exam-exempt regardless of how the clerk was appointed.

C

A nonresident other than an attorney may become a notary if the person has an office or place of business in New York.

D

The Secretary must be satisfied as to moral character and familiarity with duties unless an exemption or waiver applies.

Correct Answer

B. A Unified Court System court clerk is automatically exam-exempt regardless of how the clerk was appointed.

AI Explanation

The court-clerk exception is narrower than many test-takers assume. Executive Law §130 exempts a Unified Court System court clerk only if appointed to that position after taking a Civil Service promotional examination in the court-clerk series of titles. Unlike that specific carve-out, not every court employee is exam-exempt.

Appointment & Qualifications Question #215
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