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N.Y. Mil. Law § 131.2

Authority to administer oaths

2014-09-22

§ 131.2. Authority to administer oaths. (a) The following officers of\nthe organized militia shall have power to administer oaths for the\npurposes of military administration, including military justice, and\naffidavits may be taken for such purposes before such officers:\n (1) All judge advocates of the organized militia;\n (2) All directors, deputy directors and chiefs of administrative\nservices and administrative officers;\n (3) All summary courts-martial;\n (4) All adjutants, assistant adjutants, acting adjutants, and\npersonnel adjutants;\n (5) All commanding officers of the New York naval militia;\n (6) All staff judge advocates and legal officers and acting or\nassistant staff judge advocates and legal officers; and\n (7) All other persons designated by regulations issued pursuant to\nthis chapter.\n (b) The following officers of the organized militia shall have power\nto administer oaths necessary in the performance of their duties, and\naffidavits may be taken for such purposes before such officers:\n (1) The president, military judge, trial counsel, and assistant trial\ncounsel for all general and special courts-martial;\n (2) The president and the counsel for the court of any court of\ninquiry;\n (3) All officers designated to take a deposition;\n (4) All persons detailed to conduct an investigation; and\n (5) All other persons designated by regulations issued pursuant to\nthis chapter.\n (c) Officers on the state reserve list and state retired list shall\nnot be authorized to administer oaths as provided in this section unless\nthey are on active duty in or with the organized militia under orders of\nthe governor as prescribed in this chapter.\n (d) As used in this section the term "officer" shall mean a\ncommissioned officer, commissioned warrant officer or warrant officer.\n (e) The signature without seal of any such person, together with the\ntitle of his office, shall be prima facie evidence of his authority.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.