Again.. anyone know if notarizing is listed on her job description? Did she gain a single vote by this? Did she cost Rotterdam anything by this? Are there other places they could get notarized? Are we making enough excuses for her, or should we make more?
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What does a notary public do?
The usual and customary notarial functions include:
* administering oaths and affirmations; * taking affidavits and depositions; * receiving and certifying acknowledgments or proof of such written instruments as deeds, mortgages and powers of attorney; and; * demanding acceptance or payment of foreign and inland bills of exchange, promissory notes and obligations in writing, and protesting the same for non-payment
Many banks, law offices and other institutions which deal in financial or real property transactions employ individuals who are commissioned as notary publics.
How do I apply to become a notary public?
Notary publics are "commissioned" (i.e., licensed) by the Secretary of State. An applicant for a notary public commission must submit to the Division of Licensing Services an original application and $60 fee. The application includes an oath of office, which must be sworn and notarized. In addition to the application form and fee, the applicant must submit a "pass slip" showing that he or she has taken and passed the notary public examination. Examinations are regularly scheduled throughout the state. An individual who is currently a member of the New York State Bar or a court clerk of the Unified Court System, appointed to that position after taking a Civil Service promotional examination in the court clerk series of titles, while not exempt from the application fee, may be appointed a notary public without an examination. The term of commission is 4 years.
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Can a person convicted of a criminal offense become a notary public?
Generally, a person convicted of felony cannot be appointed as a notary public. Also, certain misdemeanors are considered disqualifying. However, should a person convicted of any crime obtain an executive pardon or a certificate of good conduct from the parole board, he or she may be considered for appointment.
There are other people in TH who can notarize I am sure. Can a person with convicted felon notarize? Who did you have in mind to do the job Constantino?
The attention of all notaries public is called to the following judicial declarations concerning such misconduct: “The court again wishes to express its condemnation of the acts of notaries taking acknowledgments or affidavits without the presence of the party whose acknowledgment is taken for the affiant, and that it will treat serious professional misconduct the act of any notary thus violating his official duty.” (Matter of Napolis, 169 App. Div. 469, 472.) “Upon the faith of these acknowledgments rests the title of real property, and the only security to such titles is the fidelity with which notaries and commissioners of deeds perform their duty in requiring the appearance of parties to such instruments before them and always refusing to execute a certificate unless the parties are actually known to them or the identity of the parties executing the instruments is satisfactorily proved.” (Matter of Gottheim, 153 App. Div. 779, 782. Equally unacceptable to the Secretary of State is slipshod administration of oaths. The simplest form in which an oath may be lawfully administered is: “Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?” (Bookman v. City of New York, 200 N.Y. 53, 56.)
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For any misconduct by a notary public in the performance of any of his powers such notary public shall be liable to the parties injured for all damages sustained by them
Executive Law Misconduct by a notary and removal from office. A notary public who, in the performance of the duties of such office shall practice any fraud or deceit, is guilty of a misdemeanor (Executive Law, §135-a), and may be removed from office. The notary may be removed from office if the notary made a misstatement of a material fact in his application for appointment; for preparing and taking an oath of an affiant to a statement that the notary knew to be false or fraudulent.
No person shall be appointed as a notary public under this article who has been convicted, in this State or any other state or territory, of a felony or any of the following offenses, to wit:
(a) illegally using, carrying or possessing a pistol or other dangerous weapon; (b) making or possessing burglar's instruments; (c) buying or receiving or criminally possessing stolen property; (d) unlawful entry of a building; (e) aiding escape from prison; (f) unlawfully possessing or distributing habit forming narcotic drugs; (g) violating §§270, 270-a, 270-b, 270-c, 271, 275, 276, 550, 551, 551-a and subdivisions 6, 8, 10 or 11 of § 722 of the former Penal Law as in force and effect immediately prior to September 1, 1967, or violating §§ 165.25, 165.30, subdivision 1 of § 240.30, subdivision 3 of § 240.35 of the Penal Law, or violating §§478, 479, 480, 481, 484, 489 and 491 of the Judiciary Law; or (h) vagrancy or prostitution, and who has not subsequent to such conviction received an executive pardon therefor or a certificate of good conduct from the parole board to remove the disability under this section because of such conviction. A person regularly admitted to practice as an attorney and counselor in the courts of record of this state, whose office for the practice of law is within the State, may be appointed a notary public and retain his office as such notary public although he resides in or removes to an adjoining state. For the purpose of this and the following sections of this article such person shall be deemed a resident of the county where he maintains such office.
How bout THIS question vaedur......Did she break the law??? Let's be serious here...k?
That is a great question.. did she actually break the law? I"m guessing she sure did. I don't like it at all either. My questions are serious, what are the ramifications of her breaking that law? I"m assuming at least she gained a vote or two, and at worst, she helped defraud the government.
I don't spell check! Sorry... If you include "No offense" in a statement, chances are, your statement is offensive.
Jaywalking, loitering, spitting, blah, blah, blah. Is this notary hijinks law breaking a felony, misdemeanor or violation? How does it measure up to a speeding ticket? Is it as serious as Mertz threatening Parisi? How about Signore and Buchanan hiring an alledged pedophile back in 1998 as the ASSessor? How about the John DeGeorgio FBI thing? Why did Della Villa resign in disgrace? Bulldinky boys and girls. Eunice will outlive all you gimokes.
SH!t Half of you are already politically DEAD!!!!!
I think all the things you mentioned are all worthy of an investigation, wouldn't you say? INCLUDING the Eunice issue. That's the point - INVESTIGATE! If nothing comes of the investigation, then so be it. The appropriate parties should be involved for all these matters, be it the RPD, state agencies or the FBI.
Executive Law Misconduct by a notary and removal from office. A notary public who, in the performance of the duties of such office shall practice any fraud or deceit, is guilty of a misdemeanor (Executive Law, §135-a), and may be removed from office. The notary may be removed from office if the notary made a misstatement of a material fact in his application for appointment; for preparing and taking an oath of an affiant to a statement that the notary knew to be false or fraudulent.
No Vadeur it is not. If Eunice was trying to help a senior who couldn't come in--who cares. You people want blood why? Because the Reps are out of office. All the things Peeps mentions are a far qorse transgression. Live Eunie alone. Because the law will.
Removal from "office" in this case, is removal from the office of Notary - not Town Clerk.
I'm 100% for her stepping down as town clerk, it's time, don't get me wrong, but that's for a court to decide, based on the documents notarized, and the frequency of instances.
No Vadeur it is not. If Eunice was trying to help a senior who couldn't come in--who cares. You people want blood why? Because the Reps are out of office. All the things Peeps mentions are a far qorse transgression. Live Eunie alone. Because the law will.
Sorry AK .. if the law "leaves her alone" they're turning a blind eye to admitted fraud.
Why out for blood? It's not a rep or dem thing, at all. It's the ability and the TRUST to do the job. One of the worst things a notary can do is betray the public trust by falsifying documents. Even worse that it was the town clerk, notary of record for the town and overall responsible for a LOT of documents to be officially filed and recorded. Can a "rep" do it better? I don't know - and don't frankly care, I'm a registered "blank" - but, between you and me, I've always voted for Eunice, and personally, I like her very much. That doesn't excuse it.
IF there's ANY credibility to what diane/deb posted - and frankly, that's a BIG if .. then they too should be investigated accordingly, and NOT by the local PD - but at least by the next level up - to eliminate any possibility of partiality.
No Vadeur it is not. If Eunice was trying to help a senior who couldn't come in--who cares. You people want blood why? Because the Reps are out of office. All the things Peeps mentions are a far qorse transgression. Live Eunie alone. Because the law will.
I care that's who. I don't want blood, I don't want REPS in office either. I want good people in office, no matter what party they are registered under. I want what I feel is right. I've been called a rep, a con, a liberal on this board. Again, I'm am registered Dem. Unlike the majority of people who are interested in politics, party affiliation means very little to me. It blinds way to many good people. Keeps people for thinking for themselves, for doing what's wrong. It'd degraded into name calling and finger pointing. Every time i see a rep call someone a liberal, i think "boy your out of points so your resulting to name calling" Same thing when i see a Dem call a rep "right wing". We all have our beliefs and that's what's awesome about America. But when it comes to parties, I see a whole lot of followers and very little leaders.
Any who, i went off on a tangent, sorry. Any who. All i want is someone who screwed up to be punished so others in our local government are on notice to keep a clean nose. That's all. I was less impressed by the way she tried to talk herself out of it. But that's just me. Eunice should have directed the Senior to any bank where notaries are more then willing to take a local trip to stamp something, IE: Pioneer savings bank. Working where I do, maybe it's a bigger deal to me then it should be since i have had it hammered home for the last 9 years about proper documentation, so maybe I'm jaded.
I don't spell check! Sorry... If you include "No offense" in a statement, chances are, your statement is offensive.
No Vadeur it is not. If Eunice was trying to help a senior who couldn't come in--who cares. You people want blood why? Because the Reps are out of office. All the things Peeps mentions are a far qorse transgression. Live Eunie alone. Because the law will.
I dont want blood because the Reps are out.....I dont want blood at all.....what I want are the gumba gangstas out....move on.....the parties in this town are incestuous......the county and the state show the same.....and so does the country.....
...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......
The replacement of morality and conscience with law produces a deadly paradox.
STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS
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