N.Y. Exec. Law § 130

§ 130. Appointment of notaries public. 1. The secretary of state may\nappoint and commission as many notaries public for the state of New York\nas in his or her judgment may be deemed best, whose jurisdiction shall\nbe co-extensive with the boundaries of the state. The appointment of a\nnotary public shall be for a term of four years. An application for an\nappointment as notary public shall be in form and set forth such matters\nas the secretary of state shall prescribe. Every person appointed as\nnotary public must, at the time of his or her appointment, be a citizen\nof the United States and either a resident of the state of New York or\nhave an office or place of business in New York state. A notary public\nwho is a resident of the state and who moves out of the state but still\nmaintains a place of business or an office in New York state does not\nvacate his or her office as a notary public. A notary public who is a\nnonresident and who ceases to have an office or place of business in\nthis state, vacates his or her office as a notary public. A notary\npublic who is a resident of New York state and moves out of the state\nand who does not retain an office or place of business in this state\nshall vacate his or her office as a notary public. A non-resident who\naccepts the office of notary public in this state thereby appoints the\nsecretary of state as the person upon whom process can be served on his\nor her behalf. Before issuing to any applicant a commission as notary\npublic, unless he or she be an attorney and counsellor at law duly\nadmitted to practice in this state or a court clerk of the unified court\nsystem who has been appointed to such position after taking a civil\nservice promotional examination in the court clerk series of titles, the\nsecretary of state shall satisfy himself or herself that the applicant\nis of good moral character, has the equivalent of a common school\neducation and is familiar with the duties and responsibilities of a\nnotary public; provided, however, that where a notary public applies,\nbefore the expiration of his or her term, for reappointment with the\ncounty clerk or where a person whose term as notary public shall have\nexpired applies within six months thereafter for reappointment as a\nnotary public with the county clerk, such qualifying requirements may be\nwaived by the secretary of state, and further, where an application for\nreappointment is filed with the county clerk after the expiration of the\naforementioned renewal period by a person who failed or was unable to\nre-apply by reason of his or her induction or enlistment in the armed\nforces of the United States, such qualifying requirements may also be\nwaived by the secretary of state, provided such application for\nreappointment is made within a period of one year after the military\ndischarge of the applicant under conditions other than dishonorable. In\nany case, the appointment or reappointment of any applicant is in the\ndiscretion of the secretary of state. The secretary of state may suspend\nor remove from office, for misconduct, any notary public appointed by\nhim or her but no such removal shall be made unless the person who is\nsought to be removed shall have been served with a copy of the charges\nagainst him or her and have an opportunity of being heard. No person\nshall be appointed as a notary public under this article who has been\nconvicted, in this state or any other state or territory, of a felony or\nany of the following offenses, to wit:\n (a) Illegally using, carrying or possessing a pistol or other\ndangerous weapon; (b) making or possessing burglar's instruments; (c)\nbuying or receiving or criminally possessing stolen property; (d)\nunlawful entry of a building; (e) aiding escape from prison; (f)\nunlawfully possessing or distributing habit forming narcotic drugs; (g)\nviolating sections two hundred seventy, two hundred seventy-a, two\nhundred seventy-b, two hundred seventy-c, two hundred seventy-one, two\nhundred seventy-five, two hundred seventy-six, five hundred fifty, five\nhundred fifty-one, five hundred fifty-one-a and subdivisions six, ten or\neleven of section seven hundred twenty-two of the former penal law as in\nforce and effect immediately prior to September first, nineteen hundred\nsixty-seven, or violating sections 165.25, 165.30 or subdivision one of\nsection 240.30 of the penal law, or violating sections four hundred\nseventy-eight, four hundred seventy-nine, four hundred eighty, four\nhundred eighty-one, four hundred eighty-four, four hundred eighty-nine\nand four hundred ninety-one of the judiciary law; or (h) vagrancy or\nprostitution, and who has not subsequent to such conviction received an\nexecutive pardon therefor or a certificate of relief from disabilities\nor a certificate of good conduct pursuant to article twenty-three of the\ncorrection law to remove the disability under this section because of\nsuch conviction.\n 2. A person regularly admitted to practice as an attorney and\ncounsellor in the courts of record of this state, whose office for the\npractice of law is within the state, may be appointed a notary public\nand retain his office as such notary public although he resides in or\nremoves to an adjoining state. For the purpose of this and the following\nsections of this article such person shall be deemed a resident of the\ncounty where he maintains such office.\n