A person convicted of a crime may still be appointed if the Secretary makes the required statutory finding.
A person admitted in New York as an attorney may be appointed without examination if the law office is within the state.
A nonresident notary vacates office when the New York office or place of business ends.
The Secretary of State must appoint every qualified applicant who applies.
Correct Answer
D. The Secretary of State must appoint every qualified applicant who applies.
Detailed Explanation
Appointment remains discretionary even when an applicant appears qualified. Executive Law §130 allows appointment after the required findings for applicants with convictions, treats New York-admitted attorneys with in-state law offices as eligible without examination, and says a nonresident vacates office when the New York office or place of business ends. Importantly, the statute says appointment or reappointment is in the discretion of the Secretary of State.
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