Real Property

ARTICLE 9
RECORDING INSTRUMENTS AFFECTING REAL
PROPERTY
Section 290. Definitions; effect of article.
291. Recording of conveyances.
291-a. Recording conveyances of land in towns in Chautauqua
county; duties of county and town clerks.
291-b. Recording conveyances of land in towns in Cattaraugus
county; duties of county and town clerks.
291-c. Recording memoranda of leases.
291-cc. 1. Recording modifications of leases.
291-d. Recording of master forms of mortgage covenants and
clauses; incorporation thereof by reference.
291-e. Exceptions, reservations and recitals referring to
unrecorded conveyances and contracts for sale of real
property.
291-f. Rights where recorded mortgage restricts landlord`s
action in respect to leases.
291-g. Recording insurance information.
291-h. Recording of liens by the state.
292. By whom conveyance must be acknowledged or proved.
292-a. Conveyances by certain corporations executed and
acknowledged by attorneys in fact entitled to
recordation.
293. Recording of conveyances heretofore acknowledged or
proved.
294. Recording executory contracts and powers of attorney.
294-a. Recording assignments of rent.
294-b. Recording brokers affidavit of entitlement to
commission for completed brokerage services.
295. Recording of letters patent.
296. Recording copies of instruments which are in secretary
of state`s office.
297. Certified copies may be recorded.
297-a. Recording of certified copies of bankruptcy papers;
constructive notice.
297-b. Recording of certified copies of judgments affecting
real property.
298. Acknowledgments and proofs within the state.
299. Acknowledgments and proofs without the state, but
within the United States or any territory,
possession, or dependency thereof.
299-a. Acknowledgment to conform to law of New York or of
place where taken; certificate of conformity.
300. Acknowledgments and proofs by persons in or with the
armed forces of the United States.
301. Acknowledgments and proofs in foreign countries.
301-a. Acknowledgment to conform to law of New York or of
foreign country; certificate of conformity.
302. Acknowledgments and proofs by married women.
303. Requisites of acknowledgments.
304. Proof by subscribing witness.
305. Compelling witnesses to testify.
306. Certificate of acknowledgment or proof.
307. When certificate to state time and place.
308. When certificate must be under seal.
309. Acknowledgment by corporation and form of certificate.
309-a. Uniform forms of certificates of acknowledgment or
proof within this state.
309-b. Uniform forms of certificates of acknowledgement or
proof without this state.
310. Authentication of acknowledgments and proofs made
within the state.
311. Authentication of acknowledgments and proofs made
without the state.
312. Contents of certificate of authentication.
313. Notary public.
313-a. Deputies.
314. Recording of conveyances acknowledged or proved without
the state, when parties and certifying officer are
dead.
314-a. Proof when witnesses are dead.
315. Recording books.
316. Indexes.
316-a. Indexing and reindexing conveyances, mortgages and
other instruments.
316-b. Inactive hazardous waste disposal site registry index.
317. Order of recording.
318. Certificate to be recorded.
319. Time of recording.
320. Certain deeds deemed mortgages.
321. Recording discharge of mortgage.
321-a. Recording discharge of rent assignment.
324. Effect of recording assignment of mortgage.
325. Recording of conveyances made by treasurer of
Connecticut.
326. Revocation to be recorded.
327. Penalty for using long forms of covenants.
328. Certain acts not affected.
329. Actions to have certain instruments canceled of record.
330. Officers guilty of malfeasance liable for damages.
331. Laws and decrees of foreign countries appointing agents
and attorneys and recording of the same.
332. The record of certain conveyances validated.
332-a. Validation of the record, execution and proof or
acknowledgment of certain other instruments.
332-b. The record of certain other conveyances validated.
333. When conveyances of real property not to be recorded.
333-a. Same; maps to be filed.
333-b. Recording of maps or plot plans.
333-c. Lands in agricultural districts; disclosure.
334. Maps to be filed; penalty for nonfiling.
334-a. Filing of subdivision maps in Nassau county; penalty
for non-filing.
335. Filing of maps and abandonment of subdivisions in
Suffolk county; penalty for nonfiling.
335-a. Easements of necessity.
335-b. Recording of solar energy easements.
336. Effect of recording demands or requirements of alien
property custodian.

S 290. Definitions; effect of article. 1. The term "real property, "
as used in this article, includes lands, tenements and hereditaments and
chattels real, except a lease for a term not exceeding three years.
2. The term "purchaser" includes every person to whom any estate or
interest in real property is conveyed for a valuable consideration, and
every assignee of a mortgage, lease or other conditional estate.
3. The term "conveyance" includes every written instrument, by which
any estate or interest in real property is created, transferred,
mortgaged or assigned, or by which the title to any real property may be
affected, including an instrument in execution of a power, although the
power be one of revocation only, and an instrument postponing or
subordinating a mortgage lien; except a will, a lease for a term not
exceeding three years, an executory contract for the sale or purchase of
lands, and an instrument containing a power to convey real property as
the agent or attorney for the owner of such property.
4. The term "recording officer" means the county clerk of the county,
except in a county having a register, where it means the register of the
county.
5. "Recording" or "recorded" means the entry, at length, upon the
pages of the proper record books in a plain and legible hand writing, or
in print or in symbols of drawing or by photographic process or partly
in writing, partly in printing, partly in symbols of drawing or partly
by photographic process or by any combination of writing, printing,
drawing or photography or either or any two of them. "Recording" or
"recorded" also means the reproduction of instruments by
microphotography or other photographic process on film which is kept in
appropriate files.
6. This article does not apply to leases for life or lives, or for
years, heretofore made, of lands in either of the counties of Albany,
Ulster, Sullivan, Herkimer, Dutchess, Columbia, Delaware or Schenectady.

S 291. Recording of conveyances. A conveyance of real property,
within the state, on being duly acknowledged by the person executing the
same, or proved as required by this chapter, and such acknowledgment or
proof duly certified when required by this chapter, may be recorded in
the office of the clerk of the county where such real property is
situated, and such county clerk shall, upon the request of any party, on
tender of the lawful fees therefor, record the same in his said office.
Every such conveyance not so recorded is void as against any person who
subsequently purchases or acquires by exchange or contracts to purchase
or acquire by exchange, the same real property or any portion thereof,
or acquires by assignment the rent to accrue therefrom as provided in
section two hundred ninety-four-a of the real property law, in good
faith and for a valuable consideration, from the same vendor or
assignor, his distributees or devisees, and whose conveyance, contract
or assignment is first duly recorded, and is void as against the lien
upon the same real property or any portion thereof arising from payments
made upon the execution of or pursuant to the terms of a contract with
the same vendor, his distributees or devisees, if such contract is made
in good faith and is first duly recorded. Notwithstanding the
foregoing, any increase in the principal balance of a mortgage lien by
virtue of the addition thereto of unpaid interest in accordance with the
terms of the mortgage shall retain the priority of the original mortgage
lien as so increased provided that any such mortgage instrument sets
forth its terms of repayment.

S 291-a. Recording conveyances of land in towns in Chautauqua county;
duties of county and town clerks. 1. Every deed and will relating to
real property in Chautauqua county, outside the cities of Jamestown and
Dunkirk, and every judicial decree establishing the right of inheritance
to real property within Chautauqua county shall, before the same be
hereafter recorded in the office of the clerk of Chautauqua county be
presented to the clerk of said county together with a carbon copy or
copies of the substance thereof, equal to the number of townships of the
said county in which land is conveyed by the instrument. Such copy or
copies shall set forth the date, consideration, the names of the
grantors and grantees, the mail address of the grantee and a description
of the property conveyed as set out in the instrument of conveyance.
Such copy or copies of an instrument of conveyance of land within the
county of Chautauqua, outside the cities of Jamestown and Dunkirk, shall
be retained by the clerk of the said county until the first day of the
month succeeding the date on which it was received, and he thereafter
shall transmit immediately all such copies received by him during the
preceding month to the clerks of the towns in which such conveyances
have occurred. Hereafter the clerk of Chautauqua county or any
subordinate in the office of such clerk of Chautauqua county who shall
record any instrument of conveyance of real property without receiving
and transmitting to the town clerk of the town concerned, a copy thereof
as provided herein shall be guilty of a misdemeanor. At the time a
conveyance is offered for record a fee of twenty-five cents shall be
paid to the county clerk in addition to any other moneys required to be
paid to entitle the deed to be recorded.
The town clerks in each of the towns of Chautauqua county outside the
cities of Jamestown and Dunkirk, shall enter the copies of conveyances
and all appurtenant data so received from the clerk of Chautauqua county
in a record book to be provided and kept for such purpose. Such book and
the records contained therein shall be open to public inspection and
shall be used by the local assessors in making assessments.
2. Any deed or instrument of conveyance relating to real property
within the towns of Chautauqua, North Harmony, Ellicott, Ellery and
Busti or the village of Celoron, Chautauqua county, that for the first
time conveys an interest in a paper street located within either such
town or village to any grantee other than a not-for-profit corporation
incorporated pursuant to the laws of this state or similar association
or to a municipal corporation, notwithstanding the fact that such deed
or instrument shall have been recorded by the clerk of the county of
Chautauqua, shall be considered a nullity and given no force and effect
unless accompanied by a resolution of the town board of the town or of
the board of trustees of the village within which such paper street is
located authorizing that such deed or instrument be recorded. For the
purposes of this subdivision, a paper street shall mean a street that
was designed in a subdivision map when originally filed but which was
never subsequently developed or used as a public way.

S 291-b. Recording conveyances of land in towns in Cattaraugus
county; duties of county and town clerks. Every deed and will relating
to real property in Cattaraugus county, outside the cities of Olean and
Salamanca, and every judicial decree establishing the right of
inheritance to real property within Cattaraugus county shall, before the
same be hereafter recorded in the office of the clerk of Cattaraugus
county be presented to the clerk of said county together with a carbon
copy or copies of the substance thereof, equal to the number of
townships of the said county in which land is conveyed by the
instrument. Such copy or copies shall set forth the date,
consideration, the names of the grantors and grantees, the mail address
of the grantee and a description of the property conveyed as set out in
the instrument of conveyance. Such copy or copies of an instrument of
conveyance of land within the county of Cattaraugus, outside the cities
of Olean and Salamanca, shall be retained by the clerk of the said
county until the first day of the month succeeding the date on which it
was received, and he thereafter shall transmit immediately all such
copies received by him during the preceding month to the clerks of the
towns in which such conveyances have occurred. Hereafter the clerk of
Cattaraugus county or any subordinate in the office of such clerk of
Cattaraugus county who shall record any instrument of conveyance of real
property without receiving and transmitting to the town clerk of the
town concerned, a copy thereof as provided herein shall be guilty of a
misdemeanor. At the time a conveyance is offered for a record a fee of
twenty-five cents shall be paid to the county clerk in addition to any
other moneys required to be paid to entitle the deed to be recorded.
The town clerks in each of the towns of Cattaraugus county outside the
cities of Olean and Salamanca, shall enter the copies of conveyances and
all appurtenant data so received from the Clerk of Cattaraugus county in
a record book to be provided and kept for such purpose. Such book and
the records contained therein shall be open to public inspection and
shall be used by the local assessors in making assessments.

S 291-c. Recording memoranda of leases. In lieu of the recording of a
lease for a term exceeding three years, pursuant to section two hundred
ninety-one of this chapter, there may be recorded with like effect a
memorandum of such lease, executed by all persons who are parties to the
lease, and acknowledged or proved, and certified, in the manner to
entitle a conveyance to be recorded. A memorandum of lease thus entitled
to be recorded shall contain at least the following information with
respect to the lease: the name of the lessor and the name of the lessee
and the addresses, if any, set forth in the lease as addresses of such
parties; a reference to the lease, with its date of execution; a
description of the leased premises in the form contained in the lease;
the term of the lease, with the date of commencement and the date of
termination of such term, and if there is a right of extension or
renewal, the maximum period for which or date to which the lease may be
extended or the number of times or date to which it may be renewed, and
the date or dates on which such rights of extension or renewal are
exercisable.
Whenever a memorandum of lease is presented for recording, the lease
shall also be submitted to the recording officer for the purpose of
examination to determine whether or not such memorandum of lease is
subject to the tax on mortgages provided by article eleven of the tax
law.

S 291-cc. 1. Recording modifications of leases. Where a lease or
memorandum of such lease has been recorded, an unrecorded agreement
modifying such lease or memorandum is void as against a subsequent
purchaser in good faith and for a valuable consideration, and the
possession of the tenant shall not be deemed notice of the modification,
unless the agreement of modification or a memorandum thereof is recorded
prior to the recording of the instrument by which the subsequent
purchaser acquires his estate or interest.
2. A memorandum of an agreement modifying a lease shall contain at
least the following information with respect to the agreement: the names
of the parties and the addresses, if any, set forth in the agreement; a
reference to the agreement with its date of execution; a brief
description of the leased premises in form sufficient to identify the
same; any changes made by the agreement in the term of the lease and the
date of the termination of the lease as modified, and any changes in the
provisions of the lease as to the rights of extension or renewal.
3. For the purpose of this section the word "purchaser" includes a
person who purchases or acquires by exchange or contracts to purchase or
acquire by exchange the leased premises or the real property of which
the leased premises are part or any estate or interest therein, or
acquires by assignment the rent to accrue from tenancies or subtenancies
thereof in existence at the time of the assignment.

S 291-d. Recording of master forms of mortgage covenants and clauses;
incorporation thereof by reference.
1. An instrument containing a form or forms of mortgage covenants,
conditions, obligations, powers, releases, and other clauses may be
recorded in the office of the recording officer of any county and such
recording officer, upon the request of any person, on tender of the
lawful fees therefor, shall record the same in his said office. Every
such instrument shall be entitled on the face thereof as a "Master form
recorded by ....... (name of person causing the instrument to be
recorded). " Such instrument need not be acknowledged or proved or
certified to be entitled to record.
2. When any such instrument is recorded, the clerk or register shall
index such instrument under the name of the person causing it to be
recorded in the manner provided for miscellaneous instruments relating
to real property.
3. Thereafter any of the provisions of such master form instrument may
be incorporated by reference in any conveyance of real property situated
within the state, if such reference in the conveyance states that the
master form instrument was recorded in the county in which the
conveyance is offered for record, the date when and the office, book and
page or pages where such master form instrument was recorded, and that a
copy of such master form instrument was furnished to the person
executing the conveyance. The recording of any conveyance which has so
incorporated by reference therein any of the provisions of a master form
instrument recorded as provided in this section shall have like effect
as if such provisions of the master form so incorporated by reference
had been set forth fully in the conveyance.
4. Whenever an instrument of conveyance is presented for recording on
which is set forth matter purporting to be a copy or reproduction of
such master form instrument or of part thereof, identified by its title
as provided in subdivision one of this section and stating the date when
it was recorded and the county, office, book and page where it was
recorded, preceded by the words "do not record" or "not to be recorded,
" and plainly separated from the matter to be recorded as part of the
conveyance, in such manner that it will not appear upon a photographic
reproduction of any page containing any part of the conveyance, such
matter shall not be recorded by the county clerk or register to whom the
instrument is presented for recording; in such case the county clerk or
register shall record only the conveyance apart from such matter and
shall not be liable for so doing, any other provisions of law to the
contrary notwithstanding.
5. For the purposes of any provision of law relating to fees for
recording, entering or indexing of conveyances, or relating to searches,
furnishing of certified copies, reproduction by photographic method or
otherwise, or destruction, or to any other matter pertaining to the
powers and duties of recording officers with respect to conveyances,
except manner of indexing thereof, the master form instrument provided
for in subdivision one of this section shall be deemed a conveyance.

S 291-e. Exceptions, reservations and recitals referring to unrecorded
conveyances and contracts for sale of real property.
1. This section applies to any language, contained in a conveyance of
real property in this state, which (a) excepts or reserves a part or any
or all parts of the described premises which have been or may have been
previously conveyed, or previously contracted to be sold or exchanged,
by the grantor or by a previous owner, or (b) otherwise indicates that
the premises or some part or parts thereof have been or may have been
previously conveyed or that a contract has been or may have been
previously made for the sale or exchange of all or some part or parts
thereof, or (c) indicates that only such part of the premises described
is intended to be conveyed as the grantor, or a previous owner, has not
previously conveyed or has not previously contracted to sell or
exchange, and, in any of the cases described in this subdivision, fails
to identify the premises previously conveyed or contracted to be sold or
exchanged in any other manner than by indicating that a conveyance or
contract has previously been made or indicating the fact or possibility
that one or more conveyances or contracts have been or may have been
previously made.
2. An exception, reservation or recital described in subdivision one
of this section is (a) void as against a subsequent purchaser in good
faith and for a valuable consideration, who has no other notice of the
identity of the premises to which it refers, and (b) ineffective to give
notice to such subsequent purchaser of the previous conveyance or
contract so referred to or create any duty of inquiry with respect
thereto, unless, in either case, such previous conveyance or contract is
sufficient to identify the premises to which the exception, reservation
or recital refers and is recorded as provided in this article before the
recording of the instrument by which the subsequent purchaser acquires
his estate or interest.
3. For the purposes of this section,
(a) "Purchaser" includes a person who purchases or acquires by
exchange or contracts to purchase or acquire by exchange the same
premises or any portion thereof or estate or interest therein, or
acquires by assignment the rent to accrue from tenancies or subtenancies
thereof in existence at the time of the assignment.
(b) Contract for sale includes an option to purchase or lease.
(c) A lease, or a contract or option, is recorded when a memorandum
thereof is recorded as provided in section two hundred ninety-one-c or
section two hundred ninety-four of this chapter.
(d) The recording of a contract or option, or memorandum thereof,
pursuant to section two hundred ninety-four of this chapter, is
effective up to and including the thirtieth day after the day fixed
therein for the conveyance of title, or the thirtieth day after the last
day fixed therein for the exercise of the option, provided, that if a
written declaration of the exercise of the option has been recorded as
provided in subdivision seven of section two hundred ninety-four, the
recording of the option is effective to and including the thirtieth day
after the last day fixed pursuant to the option agreement for the
conveyance of title or the execution and delivery of the lease, as the
case may be. An agreement extending the time for the conveyance of
title, acknowledged or proved, and certified, in the manner to entitle a
conveyance to be recorded, may be recorded, and the recording shall be
effective up to and including the thirtieth day after the day fixed by
such agreement for the conveyance of title.
4. This section shall not impair the effect of an exception,
reservation or recital to limit any warranty of the grantor in the
conveyance in which it is contained.
5. This section shall apply where the instrument by which the
subsequent purchaser acquires his estate or interest is executed on or
after September first, nineteen hundred sixty, except that where the
conveyance containing an exception, reservation or recital described in
subdivision one of this section was executed before September first,
nineteen hundred sixty, this section shall apply only where the
instrument by which the subsequent purchaser acquires his estate or
interest is executed on or after September first, nineteen hundred
sixty-one.

S 291-f. Rights where recorded mortgage restricts landlord`s action in
respect to leases. An agreement, referring to this section, contained
in a recorded mortgage of real property, or in a recorded instrument
relating to such mortgage, restricting the right or power, as against
the holder of the mortgage without his consent, of the owner of the
mortgaged real property to cancel, abridge or otherwise modify
tenancies, subtenancies, leases or subleases of the mortgaged real
property in existence at the time of the agreement, or to accept
prepayments of instalments of rent to become due thereunder, shall
become binding on a tenant or subtenant after written notice of such
agreement, accompanied by a copy of the text thereof; and any such
cancellation, abridgement, modification or prepayment made by such
tenant or subtenant, after such written notice, without the consent of
the holder of such mortgage, shall be voidable as against the holder, at
his option. The recording on or after July first, nineteen hundred
sixty, of any such mortgage or instrument relating thereto shall for the
purposes of this section be in itself a sufficient notice of the
restrictive agreement to any tenant or subtenant who, after such
recording, acquires by assignment, whether the assignment is by
instrument or by operation of law, a leasehold estate in existence at
the time of the restrictive agreement. This section shall not apply (1)
to any tenancy, subtenancy, lease or sublease primarily for the
residential purposes of the owner of the leasehold estate, or (2) to any
tenancy, subtenancy, lease or sublease having at the time of the
restrictive agreement an unexpired term of less than five years.

S 291-g. Recording insurance information. Every owner of a multiple
dwelling, as defined in subdivision two of section two hundred
thirty-nine-a of this chapter, which is located in a city with a
population in excess of one million persons shall file with the
department of housing preservation and development an instrument
containing the name or names of the insurer issuing a fire, casualty
and/or liability insurance policy for the multiple dwelling, the address
of the insurance company and the policy number.

S 291-h. Recording of liens by the state. The state may cause to be
filed in the appropriate office of the city register of the city of New
York or in the county clerk`s office of the county of Richmond or in the
county clerk`s office of any other county of the state where the real
property is situated a notice of lien created by the application for and
receipt of state aid provided pursuant to section 41.27 of the mental
hygiene law or by the application for and receipt of state aid provided
pursuant to section 25.03 of the mental hygiene law and any regulations
promulgated in connection therewith. Such notice shall briefly state the
recipient of the state aid, conditions of the provision of the state aid
and shall contain a general description by metes and bounds or by
section, block and lot number of the real property to be acquired
thereby.

S 292. By whom conveyance must be acknowledged or proved. Except as
otherwise provided by this article, such acknowledgment can be made only
by the person who executed the conveyance, and such proof can be made
only by some other person, who was a witness of its execution, and at
the same time subscribed his name to the conveyance as a witness.

S 292-a. Conveyances by certain corporations executed and
acknowledged by attorneys in fact entitled to recordation. A conveyance
of real property, within the state, or of any interest therein,
including an instrument discharging or satisfying a lien created by any
such conveyance, executed and acknowledged by an attorney in fact of any
corporation wholly owned, directly or indirectly, by the United States
of America, or any other corporation which has so filed a power of
attorney, whether heretofore or hereafter so executed and acknowledged,
shall be entitled to recordation under this article on tender of the
lawful fees therefor, even though the corporate seal of such corporation
be not annexed or affixed, if the power of attorney pursuant to which
such attorney in fact has executed such conveyance, duly acknowledged or
proved by such corporation, and certified, as required by section two
hundred ninety-four, is filed or recorded in the office of the clerk of
the county where the real property, which is the subject of such
conveyance, is located.

S 293. Recording of conveyances heretofore acknowledged or proved. A
conveyance of real property, within the state, heretofore executed, and
heretofore acknowledged or proved, and certified, so as to be entitled
to be read in evidence, or recorded, under the laws in force at the time
when so acknowledged or proved, but which has not been recorded is
entitled to be read in evidence, and recorded in the same manner, and
with the like effect, as if this chapter had not been passed. If
heretofore executed, but not proved or acknowledged, it may be proved or
acknowledged in the same manner as conveyances hereafter executed and
with like effect.

S 294. Recording executory contracts and powers of attorney. 1. An
executory contract for the sale, purchase or exchange of real property,
or an instrument canceling such a contract, or an instrument containing
a power to convey real property, as the agent or attorney for the owner
of the property, acknowledged or proved, and certified, in the manner to
entitle a conveyance to be recorded, may be recorded in the office of
the recording officer of any county in which any of the real property to
which it relates is situated, and such recording officer shall, upon the
request of any party, on tender of the lawful fees therefor, record the
same in his said office.
2. In lieu of the recording of an executory contract, there may be
recorded a memorandum thereof, executed by the parties, and acknowledged
or proved, and certified, in the manner to entitle a conveyance to be
recorded, containing at least the following information with respect to
the contract: the names of the parties to the contract, the time fixed
by the contract for the conveyance of title, and a description of the
property. The executory contract shall be deemed duly recorded upon the
recording of a memorandum in conformity with this subdivision.
If the purchaser is entitled to possession of the property under the
terms of the contract, the memorandum must so state. The provisions of
article eleven of the tax law shall not be applicable to an executory
contract for the sale, purchase or exchange of real property, or
memorandum thereof, unless the contract provides that the purchaser is
entitled to possession of the property.
3. Every executory contract for the sale, purchase or exchange of real
property not recorded as provided in this section shall be void as
against any person who subsequently purchases or acquires by exchange or
contracts to purchase or acquire by exchange, the same real property or
any portion thereof, or acquires by assignment the rent to accrue
therefrom as provided in section two hundred ninety-four-a of the real
property law, in good faith and for a valuable consideration, from the
same vendor or assignor, his distributees or devisees, and whose
conveyance, contract or assignment is first duly recorded, and shall be
void as against the lien upon the same real property or any portion
thereof arising from payments made upon the execution of or pursuant to
the terms of a contract with the same vendor, his distributees or
devisees, if such contract is made in good faith and is first duly
recorded.
4. (a) Where an executory contract is duly recorded as provided in
this section the right of the purchaser to performance of the contract
is enforceable against a person who, subsequent to the recording and
while the recording is effective as provided in this section, purchases
or acquires by exchange the same real property or any part thereof, from
the same vendor, his distributees or devisees.
(b) If the recorded contract provides for payments made or to be made
by the purchaser before conveyance of title, including payments made at
the execution of the contract, or if the recorded memorandum states that
the contract so provides, the lien of the purchaser arising from any
such payments actually made is enforceable against any such person
described in paragraph (a) to the extent of such payments, not exceeding
the total amount specified in the recorded contract or memorandum, and
is so enforceable without regard to any notice of the estate or interest
of such person.
5. The recording of the executory contract or memorandum shall be
effective for the purposes of subdivision four up to and including the
thirtieth day after the day fixed by the contract for the conveyance of
title. An agreement extending the time for the conveyance of title,
acknowledged or proved, and certified, in the manner to entitle a
conveyance to be recorded, may be recorded, and the recording shall be
effective up to and including the thirtieth day after the day fixed by
such agreement for the conveyance of title.
6. An executory contract or memorandum thereof shall not be deemed
recorded as provided in this section if it is recorded more than one
year previous to the date on which the vendor acquired title to the real
property to which the contract relates.
An executory contract recorded before the date when the vendor
acquired title shall not be deemed recorded as provided in this section
as against a person to whom the real property is conveyed or contracted
to be sold or exchanged, by a conveyance or contract which is part of
the transaction in which the vendor acquired title.
7. An option to purchase or lease real property shall be deemed an
executory contract within the meaning of this section, except that the
recording of the option agreement shall be effective only up to and
including the thirtieth day after the last day fixed by the agreement
for the exercise of the option. If the option is exercised in accordance
with the terms of the option agreement, the optionee may extend the
effectiveness of the recording of the option agreement to and including
the thirtieth day after the day fixed pursuant to the option agreement
for the conveyance of title or the execution and delivery of the lease,
as the case may be, by recording, within thirty days after the last day
fixed by the option agreement for the exercise of the option, a written
declaration executed by the optionor and the optionee, or by the
optionee alone, and acknowledged or proved and certified in the manner
to entitle a conveyance to be recorded, stating that the said option has
been duly exercised and setting forth the day fixed pursuant to the
option agreement for the conveyance of title or the execution and
delivery of the lease, as the case may be. In the event that such
declaration is executed by the optionee alone, it shall be verified by
the optionee and shall also set forth the time and manner in which such
option was exercised and, if the last day for the conveyance of title or
the execution and delivery of the lease is not specified in the option
agreement, the extension of the effectiveness of the recording of the
option agreement shall in no event exceed ninety days from the date of
the recording of such declaration.
8. (a) After the recording of an executory contract or memorandum has
ceased to be effective as provided in subdivision five, or the recording
of an option to purchase or lease real property has ceased to be
effective as provided in subdivision seven, such executory contract,
memorandum or option shall be (1) void as against a subsequent purchaser
in good faith and for a valuable consideration, who has no other notice
of an estate or interest of the contract vendee or optionee in the
premises to which such contract, memorandum or option refers, or of any
claim thereof, and (2) ineffective to give notice to such subsequent
purchaser of any estate or interest of the contract vendee or optionee
in such premises, or of any claim thereof, or to create any duty of
inquiry with respect thereto.
(b) For the purposes of this subdivision, "purchaser" includes a
person who purchases or acquires by exchange or contracts to purchase or
acquire by exchange the same premises or any portion thereof or estate
or interest therein, or acquires by assignment the rent to accrue from
tenancies or subtenancies thereof in existence at the time of the
assignment.

S 294-a. Recording assignments of rent. 1. An assignment of rent to
accrue from tenancies, subtenancies, leases or subleases of real
property, irrespective of the term of their duration, in existence at
the time of the assignment, made, subscribed and acknowledged or proved,
and certified in a manner to entitle a conveyance to be recorded may be
recorded in the office of the recording officer of any county in which
any of the real property to which the tenancies, subtenancies, leases or
subleases relate is situated, and such recording officer shall, upon the
request of any party, on tender of the lawful fees therefor, record the
same in his said office.
2. Every such assignment not so recorded shall be void as against any
person who subsequently purchases or acquires by exchange, or contracts
to purchase or acquire by exchange, the same real property, or any
portion thereof, or acquires by assignment the rent to accrue therefrom
as provided in this section, in good faith and for a valuable
consideration, from the same vendor or assignor, his distributees or
devisees, and whose conveyance, contract or assignment is first duly
recorded.
3. The recording of such assignment shall not be in itself a notice of
the assignment to a lessee or tenant, his distributees or devisees, so
as to invalidate a payment of rent made by the lessee or tenant, his
distributees or devisees, to the assignor or a prior assignee of the
rent.

S 294-b. Recording brokers affidavit of entitlement to commission for
completed brokerage services. 1. A duly licensed real estate broker who
asserts that he or she has produced a person who was ready, able and
willing to purchase or lease all or any part of a parcel of real
property pursuant to a written or oral contract of brokerage employment
between the owner of said parcel of real property and such broker, and
who asserts that such person or a party acting on his or her behalf
subsequently contracted to purchase or lease, or did purchase or lease
such real property or any part thereof, and who asserts that he or she
is entitled to a commission pursuant to such written or oral contract,
may file an affidavit of entitlement to commission for completed
brokerage services in the office of the recording officer of any county
in which any of the real property is situated.
2. Such affidavit shall include: (i) the name and license number of
the broker claiming the commission; (ii) the name of the seller or
person responsible for commission; (iii) the name of the person
authorizing the sale on behalf of the seller, if any, and the date of
such authorization; (iv) a copy of the written agreement, if any; (v) a
description of real property involved; (vi) the amount of commission
claimed; (vii) a description of the brokerage services performed; and
(viii) the dates thereof. Recording such affidavit shall not invalidate
any transfer of real property or lease thereof. Such affidavit shall not
be deemed to create a lien and shall be discharged one year after
filing.
3. Upon receipt by the county clerk of a broker`s affidavit of
entitlement to commission for completed brokerage services for the
purpose of recording, entering and indexing, the clerk shall note
thereon that such notice does not constitute a lien nor shall it
invalidate any transfer or lease. In payment for said services the
county clerk shall be entitled to receive a fee equivalent to that
received for recording a deed and pages thereof.

S 295. Recording of letters patent. Letters patent, issued under the
great seal of the state, granting real property, may be recorded in the
county where such property is situated, in the same manner and with like
effect, as a conveyance duly acknowledged or proved and certified so as
to entitle it to be recorded.

S 296. Recording copies of instruments which are in secretary of
state`s office. A copy of an instrument affecting real property, within
the state, recorded or filed in the office of the secretary of state,
certified in the manner required to entitle the same to be read in
evidence, may be recorded with such certificate in the office of any
recording officer of the state.

S 297. Certified copies may be recorded. A copy of a record, or of
any recorded instrument, certified or authenticated so as to be entitled
to be read in evidence, may be again recorded in any office where the
original would be entitled to be recorded. Such record has the same
effect as if the original were so recorded. A copy of a conveyance or
mortgage affecting separate parcels of real property situated in
different counties, or of the record of such conveyance or mortgage in
one of such counties, certified or authenticated so as to be entitled to
be read in evidence, may be recorded in any county in which any such
parcel is situated, with the same effect as if the original instrument
authenticated as required by section three hundred and ten of this
chapter were so recorded.

S 297-a. Recording of certified copies of bankruptcy papers;
constructive notice. 1. A copy of a petition in bankruptcy with the
schedules omitted, of a decree of adjudication of bankruptcy and of an
order approving the bond of a trustee in bankruptcy, or any of them, in
each case certified in accordance with the laws of the United States
applicable at the time of certification, may be recorded in the office
of the recording officer of any county, irrespective of the location of
the United States district court having jurisdiction of the bankruptcy
proceeding or in which such petition was filed or order of adjudication
or approval of the trustee`s bond was made.
2. (a) Each paper, together with the certification thereof, recorded
pursuant to this section shall, for the purposes of recording,
transcription, reproduction and indexing, be regarded as a deed by the
bankrupt or alleged bankrupt to the trustee in bankruptcy named therein
or, if no trustee be named, to the trustee appointed, or thereafter to
be appointed.
(b) In counties where, under certain circumstances and pursuant to
law, deeds or other instruments are recordable among miscellaneous
instruments, or indexed in the index of such instruments, each of the
papers shall be similarly recorded or indexed. In other counties or
cases, it shall be recorded or indexed as a deed.
(c) Where the paper so recorded does not reveal the name of the
trustee in bankruptcy, the recording officer shall substitute, for the
name of the grantee in the index or indices in his office where the name
of the grantee in a deed is required to be entered, the words "Trustee
in bankruptcy"; but any irregularity or failure of the recording officer
in compliance with this paragraph shall not invalidate the record
thereof.
(d) The recording of the paper and the certification thereof shall
have the same effect as constructive notice as if it were a conveyance
to a named grantee, duly acknowledged or proved and recorded. (e) The
petition, decree or order referred to in subdivision 1 of this section
may be one either heretofore or hereafter filed or made pursuant to any
law of the United States relating to bankruptcy.

S 297-b. Recording of certified copies of judgments affecting real
property. When a judgment, final order or decree is rendered by a New
York state court of record or a United States district court affecting
the title to or possession, use or enjoyment of real property, a copy of
such judgment, order or decree, duly certified by the clerk of the court
wherein said judgment was rendered, may be recorded in the office of the
recording officer of the county in which such property is situated, in
the same manner as a conveyance duly acknowledged or proved and
certified so as to entitle it to be recorded, and such recording officer
shall upon request and on tender of the lawful fees therefor, record the
same in his said office.
For purposes of recording and indexing such judgment, order or decree,
the prevailing party or parties named therein shall be deemed grantees
and all other persons named therein shall be deemed grantors.

S 298. Acknowledgments and proofs within the state. The
acknowledgment or proof, within this state, of a conveyance of real
property situate in this state may be made: 1. At any place within the
state, before (a) a justice of the supreme court; (b) an official
examiner of title; (c) an official referee; or (d) a notary public.
2. Within the district wherein such officer is authorized to perform
official duties, before (a) a judge or clerk of any court of record; (b)
a commissioner of deeds outside of the city of New York, or a
commissioner of deeds of the city of New York within the five counties
comprising the city of New York; (c) the mayor or recorder of a city;
(d) a surrogate, special surrogate, or special county judge; or (e) the
county clerk or other recording officer of a county.
3. Before a justice of the peace, town councilman, village police
justice or a judge of any court of inferior local jurisdiction, anywhere
within the county containing the town, village or city in which he is
authorized to perform official duties.

S 299. Acknowledgments and proofs without the state, but within the
United States or any territory, possession, or dependency thereof. The
acknowledgment or proof of a conveyance of real property situate in this
state, if made (a) without the state but within the United States, (b)
within any territory, possession, or dependency of the United States, or
(c) within any place over which the United States, at the time when such
acknowledgment or proof is taken, has or exercises jurisdiction,
sovereignty, control, or a protectorate, may be made before any of the
following officers acting within his territorial jurisdiction or within
that of the court of which he is an officer: 1. A judge or other
presiding officer of any court having a seal, or the clerk or other
certifying officer thereof.
2. A mayor or other chief civil officer of any city or other political
subdivision.
3. A notary public.
4. A commissioner of deeds appointed pursuant to the laws of this
state to take acknowledgments or proofs without this state.
5. Any person authorized, by the laws of the state, District of
Columbia, territory, possession, dependency, or other place where the
acknowledgment or proof is made, to take the acknowledgment or proof of
deeds to be recorded therein.

S 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.

S 300. Acknowledgments and proofs by persons in or with the armed
forces of the United States. The acknowledgment or proof of a
conveyance of real property situate in this state, if made by a person
enlisted or commissioned in or serving in or with the armed forces of
the United States or by a dependent of any such person, wherever
located, or by a person attached to or accompanying the armed forces of
the United States, whether made within or without the United States, may
be made before any commissioned officer in active service of the armed
forces of the United States with the rank of second lieutenant or higher
in the Army, Air Force or Marine Corps, or ensign or higher in the Navy
or Coast Guard, or with equivalent rank in any other component part of
the armed forces of the United States.
In addition to the requirements of sections three hundred and three,
three hundred and four, and three hundred and six of this chapter, the
certificate of an acknowledgment or proof taken under this section shall
state (a) the rank and serial number of the officer taking the same, and
the command to which he is attached, (b) that the person making such
acknowledgment or proof was, at the time of making the same, enlisted or
commissioned in or serving in or with the armed forces of the United
States or the dependent of such a person, or a person attached to or
accompanying the armed forces of the United States, and (c) the serial
number of the person who makes, or whose dependent makes the
acknowledgment or proof if such person is enlisted or commissioned in
the armed forces of the United States. The place where such
acknowledgment or proof is taken need not be disclosed.
No authentication of the officer`s certificate of acknowledgment or
proof shall be required.
Notwithstanding any of the provisions of this section, the
acknowledgment or proof of a conveyance of real property situate in this
state may also be made as provided in sections two hundred ninety-eight,
two hundred ninety-nine, two hundred ninety-nine-a, three hundred one,
and three hundred one-a, of this chapter.

S 301. Acknowledgments and proofs in foreign countries. The
acknowledgment or proof of a conveyance of real property situate in this
state may be made in foreign countries before any of the following
officers acting within his territorial jurisdiction or within that of
the court of which he is an officer: 1. An ambassador, envoy, minister,
charge d`affaires, secretary of legation, consul-general, consul,
vice-consul, consular agent, vice-consular agent, or any other
diplomatic or consular agent or representative of the United States,
appointed or accredited to, and residing within, the country where the
acknowledgment or proof is taken.
2. A judge or other presiding officer of any court having a seal, or
the clerk or other certifying officer thereof.
3. A mayor or other chief civil officer of any city or other political
subdivision.
4. A notary public.
5. A commissioner of deeds appointed pursuant to the laws of this
state to take acknowledgments or proofs without this state.
6. A person residing in, or going to, the country where the
acknowledgment or proof is to be taken, and specially authorized for
that purpose by a commission issued to him under the seal of the supreme
court of the state of New York.
7. Any person authorized, by the laws of the country where the
acknowledgment or proof is made, to take acknowledgments of conveyances
of real estate or to administer oaths in proof of the execution thereof.

S 301-a. Acknowledgment to conform to law of New York or of foreign
country; certificate of conformity. 1. An acknowledgment or proof made
pursuant to the provisions of section three hundred one 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 country where the acknowledgment or proof
is taken. The acknowledgment or proof, if taken in the manner prescribed
by the laws of such foreign country, 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 such foreign country, or by
(b) A consular officer of the United States, resident in such foreign
country, under the seal of his office, or by
(c) A consular officer of such foreign country, resident in the state
of New York, under the seal of his office, or by
(d) 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 foreign country; 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.

S 302. Acknowledgments and proofs by married women. The acknowledgment
or proof of a conveyance of real property, within the state, or of any
other written instrument, may be made by a married woman the same as if
unmarried.

S 303. Requisites of acknowledgments. An acknowledgment must not be
taken by any officer unless he knows or has satisfactory evidence, that
the person making it is the person described in and who executed such
instrument.

S 304. Proof by subscribing witness. When the execution of a
conveyance is proved by a subscribing witness, such witness must state
his own place of residence, and if his place of residence is in a city,
the street and street number, if any thereof, and that he knew the
person described in and who executed the conveyance. The proof must not
be taken unless the officer is personally acquainted with such witness,
or has satisfactory evidence that he is the same person, who was a
subscribing witness to the conveyance.

S 305. Compelling witnesses to testify. On the application of a
grantee in a conveyance, his heir or personal representative, or a
person claiming under either of them, verified by the oath of the
applicant, stating that a witness to the conveyance, residing in the
county where the application is made, refuses to appear and testify
concerning its execution, and that such conveyance can not be proved
without his testimony, any officer authorized to take, within the state,
acknowledgment or proof of conveyance of real property may issue a
subpoena, requiring such witness to attend and testify before him
concerning the execution of the conveyance. A subpoena issued under this
section shall be regulated by the civil practice law and rules.

S 306. Certificate of acknowledgment or proof. A person taking the
acknowledgement or proof of a conveyance must indorse thereupon or
attach thereto, a certificate, signed by himself, stating all the
matters required to be done, known, or proved on the taking of such
acknowledgement or proof; together with the name and substance of the
testimony of each witness examined before him, and if a subscribing
witness, his place of residence.
Any conveyance which has heretofore been recorded, or which may
hereafter be recorded, shall be deemed to have been duly acknowledged or
proved and properly authenticated, when ten years have elapsed since
such recording; saving, however, the rights of every purchaser in good
faith and for a valuable consideration deriving title from the same
vendor or grantor, his heirs or devisees, to the same property or any
portion thereof, whose conveyance shall have been duly recorded before
the said period of ten years shall have elapsed.

S 307. When certificate to state time and place. When the
acknowledgment or proof is taken by a commissioner of deeds appointed
pursuant to the laws of this state to take acknowledgments or proofs
without this state, whether within or without the United States, the
certificate must also state the day on which, and the city or other
political subdivision, and the state or country or other place in which,
the same was taken.

S 308. When certificate must be under seal. 1. When a certificate of
acknowledgment or proof is made without this state, whether within or
without the United States, (a) if made by a judge or other presiding
officer of a court having a seal, or by the clerk or other certifying
officer thereof, such certificate must be under the seal of such court;
(b) if made by a commissioner of deeds appointed pursuant to the laws of
this state to take acknowledgments or proofs without this state, such
certificate must be under his seal of office; (c) if made by any officer
specified in subdivision one of section three hundred one of this
chapter, such certificate must be under the seal of the legation or
consulate to which such officer is attached.
2. Any certificate, required by the provisions of section three
hundred eleven of this chapter to be authenticated, must be so
authenticated, in addition to being under seal as provided in this
section.

S 309. Acknowledgment by corporation and form of certificate. 1. The
acknowledgment of a conveyance or other instrument by a corporation,
must be made by an officer or attorney in fact duly appointed, or in
case of a dissolved corporation, by an officer, director or attorney in
fact duly appointed thereof authorized to execute the same by the board
of directors of said corporation.
2. The certificate of acknowledgment must conform substantially with
one of the following alternative forms, the blanks being properly
filled:
State of New York )ss.:
County of..... )
On the....... day of....... in the year....... before me personally
came....... to me known, who, being by me duly sworn, did depose and say
that he/she/they reside(s) in....... (if the place of residence is in a
city, include the street and street number, if any, thereof); that
he/she/they is (are) the (president or other officer or director or
attorney in fact duly appointed) of the (name of corporation), the
corporation described in and which executed the above instrument; that
he/she/they know(s) the seal of said corporation; that the seal affixed
to said instrument is such corporate seal; that it was so affixed by
authority of the board of directors of said corporation, and that
he/she/they signed his/her/their name(s) thereto by like authority.
(Signature and office of person taking acknowledgment.)
State of New York )ss.:
County of..... )
On the....... day of....... in the year....... before me personally
came....... to me known, who, being by me duly sworn, did depose and say
that he/she/they reside(s) in....... (if the place of residence is in a
city, include the street and street number, if any, thereof); that
he/she/they is (are) the (president or other officer or director or
attorney in fact duly appointed) of the (name of corporation), the
corporation described in and which executed the above instrument; and
that he/she/they signed his/her/their name(s) thereto by authority of
the board of directors of said corporation.
(Signature and office of person taking acknowledgment.)
3. Subdivision two of this section shall be inapplicable to the
acknowledgment, within this state, of a conveyance or other instrument
in respect to real property situate in this state executed on or after
the first day of September, nineteen hundred ninety-nine. A certificate
of such an acknowledgment shall be subject to the provisions of section
three hundred nine-a of this article.

S 309-a. Uniform forms of certificates of acknowledgment or proof
within this state. 1. The certificate of an acknowledgment, within this
state, of a conveyance or other instrument in respect to real property
situate in this state, by a person, must conform substantially with the
following form, the blanks being properly filled:
State of New York)
)ss.:
County of ............)
On the .......... day of ........ in the year ..... before me, the
undersigned, personally appeared ........, personally known to me or
proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signature(s) on
the instrument, the individual(s), or the person upon behalf of which
the individual(s) acted, executed the instrument.
(Signature and office of individual taking acknowledgement.)
2. The certificate for a proof of execution by a subscribing witness,
within this state, of a conveyance or other instrument made by any
person in respect to real property situate in this state, must conform
substantially with the following form, the blanks being properly filled:
State of New York)
)ss.:
County of ........)
On the ....... day of ...... in the year .... before me, the
undersigned, personally appeared ......, the subscribing witness to the
foregoing instrument, with whom I am personally acquainted, who, being
by me duly sworn, did depose and say that he/she/they reside(s) in
......(if the place of residence is in a city, include the street and
street number, if any, thereof); that he/she/they know(s)...........to
be the individual described in and who executed the foregoing
instrument; that said subscribing witness was present and saw said
.......execute the same; and that said witness at the same time
subscribed his/her/their name(s) as a witness thereto.
(Signature and office of individual taking proof.)
3. A certificate of an acknowledgement or proof taken under section
three hundred of this article shall include the additional information
required by that section.
4. For the purposes of this section, the term "person" means any
corporation, joint stock company, estate, general partnership (including
any registered limited liability partnership or foreign limited
liability partnership), limited liability company (including a
professional service limited liability company), foreign limited
liability company (including a foreign professional service limited
liability company), joint venture, limited partnership, natural person,
attorney in fact, real estate investment trust, business trust or other
trust, custodian, nominee or any other individual or entity in its own
or any representative capacity.

S 309-b. Uniform forms of certificates of acknowledgement or proof
without this state. 1. The certificate of an acknowledgement, without
this state, of a conveyance or other instrument with respect to real
property situate in this state, by a person, may conform substantially
with the following form, the blanks being properly filled:
State, District of Columbia, Territory, Possession, or Foreign Country
) ss.:
On the _______ day of __________ in the year _______ before me, the
undersigned, personally appeared ______________, personally known to me
or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signature(s) on
the instrument, the individual(s), or the person upon behalf of which
the individual(s) acted, executed the instrument.
(Signature and office of individual taking acknowledgement.)
2. The certificate for a proof of execution by a subscribing witness,
without this state, of a conveyance or other instrument made by any
person in respect to real property situate in this state, may conform
substantially with the following form, the blanks being properly filled:
State, District of Columbia, Territory, Possession, or Foreign Country
)ss.:
On the _______ day of ________ in the year ________ before me, the
undersigned, personally appeared ________________, the subscribing
witness to the foregoing instrument, with whom I am personally
acquainted, who, being by me duly sworn, did depose and say that he/she
resides in _____________________ (if the place of residence is in a
city, include the street and street number, if any, thereof); that
he/she knows _____________ to be the individual described in and who
executed the foregoing instrument; that said subscribing witness was
present and saw said _____________ execute the same; and that said
witness at the same time subscribed his/her name as a witness thereto.
(Signature and office of individual taking proof.)
3. No provision of this section shall be construed to:
(a) modify the choice of laws afforded by sections two hundred
ninety-nine-a and three hundred one-a of this article pursuant to which
an acknowledgement or proof may be taken;
(b) modify any requirement of section three hundred seven of this
article;
(c) modify any requirement for a seal imposed by subdivision one of
section three hundred eight of this article;
(d) modify any requirement concerning a certificate of authentication
imposed by section three hundred eight, three hundred eleven, three
hundred twelve, three hundred fourteen, or three hundred eighteen of
this article; or
(e) modify any requirement imposed by any provision of this article
when the certificate of acknowledgment or proof purports to be taken in
the manner prescribed by the laws of another state, the District of
Columbia, territory, possession, or foreign country.
4. A certificate of an acknowledgement or proof taken under section
three hundred of this article shall include the additional information
required by that section.
5. For the purposes of this section, the term "person" means a person
as defined in subdivision four of section three hundred nine-a of this
article.
6. The inclusion within the body (other than the jurat) of a
certificate of acknowledgment or proof made under this section of the
city or other political subdivision and the state or country or other
place the acknowledgment was taken shall be deemed a non-substantial
variance from the form of a certificate authorized by this section.

S 310. Authentication of acknowledgments and proofs made within the
state. 1. When a certificate of acknowledgment or proof is made, within
this state, by a commissioner of deeds, a justice of the peace, town
councilman, village police justice, or a judge of any court of inferior
local jurisdiction, such certificate does not entitle the conveyance so
acknowledged or proved to be read in evidence or recorded in any county
of this state except a county in which the officer making such
certificate is authorized to act at the time of making the same, unless
such certificate is authenticated by a certificate of the clerk of such
county; provided, however, that all certificates of acknowlledgment or
proof, made by a commissioner of deeds of the city of New York residing
in any part therein, shall be authenticated by the clerk of any county
within said city, in whose office such commissioner of deeds shall have
filed a certificate under the hand and seal of the city clerk of said
city, showing the appointment and term of office of such commissioner;
and no other certificates shall be required from any other officer to
entitle such conveyance to be read in evidence or recorded in any county
of this state.
2. Except as provided in this section, no certificate of
authentication shall be required to entitle a conveyance to be read in
evidence or recorded in this state when acknowledged or proved before
any officer designated in section two hundred ninety-eight of this
article to take such acknowledgment or proof, nor shall such
authentication be required for recording in the office of the city
register of the city of New York of such acknowledgment or proof by a
commissioner of deeds of the city of New York.

S 311. Authentication of acknowledgments and proofs made without the
state. 1. When a certificate of acknowledgment or proof is made, either
within or without the United States, by a commissioner of deeds
appointed pursuant to the laws of this state to take acknowledgments or
proofs without this state, the conveyance so acknowledged or proved is
not entitled to be read in evidence or recorded in this state, except as
provided in subdivision five of section one hundred eight of the
executive law, unless such certificate is authenticated by the
certificate of the secretary of state of the state of New York.
2. When a certificate of acknowledgment or proof is made by a notary
public in a foreign country other than Canada, the conveyance so
acknowledged or proved is not entitled to be read in evidence or
recorded in this state unless such certificate is authenticated (a) by
the certificate of the clerk or other certifying officer of a court in
the district in which such acknowledgment or proof was made, under the
seal of such court, or (b) by the certificate of the clerk, register,
recorder, or other recording officer of the district in which such
acknowledgment or proof was made, or (c) by the certificate of the
officer having charge of the official records of the appointment of such
notary, or having a record of the signature of such notary, or (d) by
the certificate of a consular officer of the United States resident in
such country.
3. When a certificate of acknowledgment or proof, made by the mayor or
other chief civil officer of a city or other political subdivision, is
not under the seal of such city or other political subdivision, the
conveyance so acknowledged or proved is not entitled to be read in
evidence or recorded in this state unless such certificate is
authenticated by the certificate of the clerk of such city or other
political subdivision, or by the certificate of a consular officer of
the United States resident in the country where the acknowledgment or
proof was made.
4. When a certificate of acknowledgment or proof is made pursuant to
the provisions of subdivision five of section two hundred ninety-nine or
of subdivision seven of section three hundred one of this chapter by an
officer or person not elsewhere in either of said sections specifically
designated to take acknowledgments or proofs, the conveyance so
acknowledged or proved is not entitled to be read in evidence or
recorded within this state unless such certificate is authenticated (a)
by the certificate of the secretary of state of a state, or of the
secretary of a territory, of the United States, or (b) by the
certificate of any officer designated in subdivision three of this
section to authenticate certificates of acknowledgment or proof, or (c)
by the certificate of any officer designated in clauses (a) or (b) of
subdivision two of this section to authenticate certificates of
acknowledgment or proof, or (d) by the certificate of the officer having
charge of the official records showing that the person taking the
acknowledgment or proof is such officer as he purports to be, or having
a record of the signature of such person.
5. Except as provided in this section, no certificate of
authentication shall be required to entitle a conveyance to be read in
evidence or recorded in this state when acknowledged or proved before
any officer designated in section two hundred ninety-nine or in section
three hundred one of this chapter to take such acknowledgment or proof.

S 312. Contents of certificate of authentication. 1. An officer
authenticating a certificate of acknowledgment or proof must subjoin or
attach to the original certificate a certificate under his hand.
2. When the certificate of acknowledgment or proof is made by a notary
public, without the state but within the United States or within any
territory, possession, or dependency of the United States, or within any
place over which the United States, at the time when such acknowledgment
or proof is taken, has or exercises jurisdiction, sovereignty, control,
or a protectorate, the certificate of authentication must state in
substance that, at the time when such original certificate purports to
have been made, the person whose name is subscribed to the certificate
was such officer as he is therein represented to be.
In every other case the certificate of authentication must state in
substance (a) that, at the time when such original certificate purports
to have been made, the person whose name is subscribed to the original
certificate was such officer as he is therein represented to be; (b)
that the authenticating officer is acquainted with the handwriting of
the officer making the original certificate, or has compared the
signature of such officer upon the original certificate with a specimen
of his signature filed or deposited in the office of such authenticating
officer, or recorded, filed, or deposited, pursuant to law, in any other
place, and believes the signature upon the original certificate is
genuine; and (c), if the original certificate is required to be under
seal, that the authenticating officer has compared the impression of the
seal affixed thereto with a specimen impression thereof filed or
deposited in his office, or recorded, filed, or deposited, pursuant to
law, in any other place, and believes the impression of the seal upon
the original certificate is genuine.
3. When such original certificate is made pursuant to subdivision five
of section two hundred ninety-nine of this chapter, such certificate of
authentication must also specify that the person making such original
certificate, at the time when it purports to have been made, was
authorized, by the laws of the state, District of Columbia, territory,
possession, dependency, or other place where the acknowledgment or proof
was made, to take the acknowledgment or proof of deeds to be recorded
therein.
4. When such original certificate is made pursuant to subdivision
seven of section three hundred one of this chapter, such certificate of
authentication must also specify that the person making such original
certificate, at the time when it purports to have been made, was
authorized, by the laws of the country where the acknowledgment or proof
was made, to take acknowledgments of conveyances of real estate or to
administer oaths in proof of the execution thereof.

S 313. Notary public. The term "notary public, " as used in sections
two hundred ninety-nine, three hundred one, three hundred eight, and
three hundred eleven, of this chapter, includes any person appointed to
perform notarial functions.

S 313-a. Deputies. When any officer, designated by the provisions of
this article to take acknowledgments or proofs of conveyances of real
estate to be read in evidence or recorded in this state, or to
authenticate certificates of such acknowledgment or proof, is authorized
by law to appoint a deputy, or when such officer has by law a deputy,
such deputy may take such acknowledgments or proofs, or may authenticate
such certificates.

S 314. Recording of conveyances acknowledged or proved without the
state, when parties and certifying officer are dead. When the execution
of a conveyance of real property within this state is acknowledged or
proved according to the laws of any other state of the United States,
and a certificate of the acknowledgment or proof signed by the officer
taking it is annexed to or indorsed upon the instrument, if such officer
and the grantor or mortgagor be dead and the death of all of them be
proved by affidavit, sworn to in such state before an officer authorized
by its laws to administer an oath therein, the conveyance, with the
affidavit or affidavits annexed thereto, on being authenticated as
required by this section, may be read in evidence and recorded in the
same manner, and with like effect, as if the conveyance was acknowledged
or proved and certified as required by the laws of this state. To
entitle such conveyance and affidavits to be read in evidence, or
recorded, a certificate of the clerk, recorder, register or prothonotary
of the county in which the deceased officer resided, authenticating his
signature, and also certifying that the conveyance is acknowledged or
proved in all respects, as required by the laws of such state, must be
annexed to the original certificate; and a like certificate of such
clerk, recorder, register or prothonotary, authenticating the signature
of the officer, before whom the affidavits proving the deaths were
taken, must be annexed to such affidavits. The affidavits on being
recorded, are presumptive evidence of the matters of fact, required to
be stated therein.

S 314-a. Proof when witnesses are dead. When the witnesses to a
conveyance, authorized to be recorded, are dead, its execution may be
proved before any officer authorized to take within the state the
acknowledgment and proof of conveyances, other than a commissioner of
deeds, a notary public, or a justice of the peace. The proof of the
execution must be made by satisfactory evidence of the death of all the
witnesses thereto, and of the handwriting of such witnesses, or any one
of them, and of the grantor, which evidence, with the name and residence
of each witness examined, must be set forth by the officer taking the
same, in his certificate of proof. A conveyance so proved, and
certified, may be recorded in the proper office, if the original
conveyance be at the same time deposited in the same office, there to
remain for the inspection of all persons desiring to examine the same.
If the conveyance affects real property in two or more counties, a
certified copy of the conveyance, with the proof and certificates, may
be recorded in each of such counties. Such recording and deposit are
constructive notice of the execution of such conveyance to all
purchasers of the same real property, or any part thereof, from the same
vendor, his heirs or assigns, subsequent to such recording, but do not
entitle the conveyance or the record thereof, or a transcript of the
record, to be read in evidence.

S 315. Recording books. Different sets of books must be provided by
the recording officer of each county, for the recording of deeds and
mortgages; in one of which sets he must record all conveyances and other
instruments absolute in their terms, which are not intended as mortgages
or securities in the nature of mortgages, and all executory contracts
for the sale, purchase or exchange of real property, or memoranda
thereof, and all instruments canceling or extending such contracts,
which conveyances, contracts or instruments are delivered to him,
pursuant to law, to be so recorded, and all forms pertaining to
commitments of land to continued agricultural production required to be
so recorded pursuant to section three hundred six of the agriculture and
markets law; and in the other set, such mortgages and securities, and
assignments of rent, delivered to him; excepting that if the recording
is by microphotography or other photographic process, the recording
officer shall not be required to maintain books for such records, but
shall provide such filing equipment as he may deem appropriate. The
recording officer may, in his discretion, record in consecutive order
the instruments received by him, and shall not be required to segregate
mortgages from deeds or other classes of instruments.

S 316. Indexes. Each recording officer must provide, at the expense of
his county, proper books for making general indexes of instruments
recorded in his office, and must form indexes therein, so as to afford
correct and easy reference to the records in his office. There must be
one set of indexes for mortgages or securities in the nature of
mortgages and assignments of rent; and another set for conveyances and
other instruments not intended as such mortgages or securities, and
executory contracts for sale, purchase or exchange of real property, or
memoranda thereof, and instruments canceling or extending such
contracts. Each set must contain two lists in alphabetical order, one
consisting of the names of the grantors or mortgagors and assignors,
followed by the names of their grantees, mortgagees or assignees, and
the other list consisting of the names of the grantees or mortgagees and
assignees, followed by the names of their grantors, mortgagors, or
assignors, with proper blanks in each class of names, for subsequent
entries, which entries must be made as instruments are delivered for
record. This section, so far as relates to the preparation of new
indexes, shall not apply to a county where the recording officer now has
general numerical indexes.
A recording officer who records a conveyance of real property or
assignment of rent, sold by virtue of an execution, or by a sheriff,
referee or other person, pursuant to a judgment, the granting clause
whereof states whose right, title or interest was sold, must insert in
the proper index, under the head, "grantors" or "assignors", the name of
the officer executing the conveyance, and of each person whose right,
title or interest is so stated to have been sold.
Such indexes shall form a part of the record of each instrument
hereafter recorded. A county clerk may adopt a new indexing system
utilizing electro-mechanical, electronic or any other method he deems
suitable for maintaining the indexes.

S 316-a. Indexing and reindexing conveyances, mortgages and other
instruments. 1. Every instrument affecting real estate or chattels real,
situated in the county of Suffolk, which shall be, or which shall have
been recorded in the office of the clerk of said county on and after the
first day of January, nineteen hundred fifty-one, shall be recorded and
indexed pursuant to the provisions of this act.
2. The clerk of the county of Suffolk is hereby directed and required,
immediately upon the passage of this act, to cause to be prepared one or
more books for each town in the said county of Suffolk for the indexing
therein, under the proper town so designated, of all instruments now
required by law to be recorded in the books of conveyances. And said
clerk shall also cause to be prepared one or more books for each of said
towns in said county for the indexing therein, under the proper town so
designated, of all instruments now required by law to be recorded in the
books of mortgages. Said indexes shall be deposited in the office of
said clerk. They shall be prepared so as to contain the date of
recording of each instrument, the names of the parties to each
instrument and the liber and page of the record thereof and shall be
substantially the forms of the schedules hereto annexed, designated
respectively as schedule A, schedule B, schedule C, schedule D, which
schedules shall be deemed and taken to be a part of this act. Said books
shall be entitled "town indexes of conveyances and mortgages"
respectively, and shall indicate the towns to which they respectively
relate.
3. It shall be the duty of the said clerk to provide and keep in his
office, besides said town indexes, a "daily index, or tickler of
conveyances," and a "daily index, or tickler of mortgages," together
with books or records in which shall be recorded at length conveyances
and mortgages recorded in his office, each of which shall be endorsed in
its proper liber number.
4. Every instrument presented to said clerk for record, and requiring
to be indexed under this act after the date when this act shall go into
operation, in order to entitle the same to be recorded, shall have
included therein, in the description of the premises, a designation of
the town in said county in which the land affected by the instrument
lies, and if it lies in two or more towns of said county the name of
each and every town in which the land affected by the instrument is
situated. Every assignment of a mortgage, and every agreement
respecting a mortgage, to entitle the same to be recorded, shall have
included therein a designation of the town in said county in which the
land lies which is affected by the mortgage to which such assignment or
agreement relates, and if such land lies in two or more towns of said
county the name of each and every town in which the land affected by the
mortgage to which such assignment or agreement relates. And a record of
the instrument shall not be effectual by way of notice to bona fide
purchasers or encumbrancers in respect to any land situated in any town
of said county not so designated except as hereinafter provided.
5. Whenever any instrument affecting or relating to land in said
county entitled to be recorded and required to be indexed under the
provisions of this act shall be presented to the said clerk for record,
he shall forthwith endorse thereupon the date, hour and minute of
acceptance for recording by him, and enter in the proper index or
tickler the name of every party executing said instrument, the date of
record thereof and the name of every town designated as aforesaid for
the indexing of such instrument and as soon as practicable thereafter
shall cause the said instrument to be indexed in the proper book or
books of the town indexes under the proper town designated in which such
property is situated.
6. The entries made in said indexes in conformity with the
requirements of this act shall for the purpose of notice be deemed and
taken to be a part of the record of the instrument to which such entries
respectively refer and shall be notice to such subsequent purchasers or
encumbrancers to the same extent and with the like effect as the
recording of such instruments in the office of said clerk now is or may
be notice.
7. For the purposes of indexing under the provisions of this act all
conveyances, mortgages, or other instruments recorded and indexed or
reindexed under the provisions of this act shall be so indexed or
reindexed under the proper town book of index indicated in the
description hereinbefore provided for, and in an order and sequence
known as the "first letter of the last name and first letter of the
first named method".
The corporate names shall be indexed under the first letter of the
first substantive word of the name of the corporation, or in the event
of a corporation using the proper name of an individual, such as John
Smith, Inc., such index shall be under Smith, John, Inc., as well as
John Smith, Inc.
8. In cases where any instrument shall have been recorded without such
designation as required by this act, or with erroneous designation, the
said clerk shall, on presentation of proper proof thereof, enter such
instrument in the proper index of the proper town, the designation of
which shall have been erroneously stated or omitted, and shall at the
same time make a note of such entry and the date thereof, in every place
in which such instrument may have been erroneously indexed, opposite the
entry thereof, and also upon the record of the instrument and upon the
instrument itself, if the same be in his possession or produced to him
for the purpose, and the record of such instrument shall be constructive
notice as to the property in any town not duly designated at the time of
such record, only from the time when the same shall be properly indexed.
9. No entry in any book or index in said clerk`s office shall be
erased so as to be illegible, but in case of any correction, the same
shall be made without destroying the original by drawing a line through
such original entry, and in such cases the date of such correction,
attested by the signature of the clerk or his deputy, shall be entered
upon the same page on which such correction is made, on the margin
opposite such correcti