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This entry was published on 2014-09-22
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SECTION 299-A
Acknowledgment to conform to law of New York or of place where taken; certificate of conformity
Real Property (RPP) CHAPTER 50, ARTICLE 9
§ 299-a. Acknowledgment to conform to law of New York or of place
where taken; certificate of conformity. 1. An acknowledgment or proof
made pursuant to the provisions of section two hundred ninety-nine of
this chapter may be taken in the manner prescribed either by the laws of
the state of New York or by the laws of the state, District of Columbia,
territory, possession, dependency, or other place where the
acknowledgment or proof is taken. The acknowledgment or proof, if taken
in the manner prescribed by such state, District of Columbia, territory,
possession, dependency, or other place, must be accompanied by a
certificate to the effect that it conforms with such laws. Such
certificate may be made by

(a) An attorney-at-law admitted to practice in the state of New York,
resident in the place where the acknowledgment or proof is taken, or by

(b) An attorney-at-law admitted to practice in the state, District of
Columbia, territory, possession, dependency, or other place where the
acknowledgment or proof is taken, or by

(c) Any other person deemed qualified by any court of the state of New
York, if, in any action, proceeding, or other matter pending before such
court, it be necessary to determine that such acknowledgment or proof
conforms with the laws of such state, District of Columbia, territory,
possession, dependency, or other place; or by the supreme court of the
state of New York, on application for such determination. The justice,
judge, surrogate, or other presiding judicial officer shall append to
the instrument so acknowledged or proved his signed statement that he
deemed such person qualified to make such certificate.

2. (a) The signature to such a certificate of conformity shall be
presumptively genuine, and the qualification of the person whose name is
so signed as a person authorized to make such certificate shall be
presumptively established by the recital thereof in the certificate.

(b) The statement of a judicial officer appended to the instrument
that he deemed the person making such certificate qualified shall
establish the qualification of the person designated therein to make
such certificate; and the recording, filing, registering or use as
evidence of the instrument shall not depend on the power of the court to
make the statement and proof shall not be required of any action,
proceeding, matter or application in which or in connection with which
the statement is made.

(c) When an instrument so acknowledged or proved is accompanied by the
certificate of conformity and the statement of a judicial officer, if
any be required, the acknowledgment or proof of the instrument, for the
purpose of recording, filing or registering in any recording or filing
office in this state or for use as evidence, shall be equivalent to one
taken or made in the form prescribed by law for use in this state; and
if the acknowledgment or proof is properly authenticated, where
authentication is required by law, and if the instrument be otherwise
entitled to record, filing or registering, such instrument, together
with the acknowledgment or proof, the certificate of conformity and any
certificate of authentication or statement of a judicial officer, may be
recorded, filed or registered in any recording or filing office in this
state, and shall be so recorded, filed or registered upon payment or
tender of lawful fees therefor. In fixing the fees of a recording,
filing or registering officer, the certificate of conformity and the
statement of a judicial officer appended, if any, shall be treated as
certificates of authentication required by other provisions of this
chapter.