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.
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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 correction. In the event the indexes are in a microfilm the correction shall be made by a hole being punched in the margin adjacent to the corrected entry. No initials being required in this event. 10. Any person presenting to said clerk an instrument for record, under this act, shall pay to said clerk, in addition to the fees now required by law for recording like instruments, the further sum of one dollar for each additional town beyond one under which said instrument is required to be indexed, and the sum of one dollar for each town shall be payable whenever an instrument already recorded is required to be reindexed under section eight. 11. The provisions of this act shall not apply to the indexing of general assignments, wills, powers of attorney, executory contracts for sale or purchase of land or satisfaction of mortgages, but such instruments shall be filed or recorded as now required by law and when recorded they shall be indexed in separate alphabetical indexes. 12. For the purpose of carrying out the various provisions of this act the clerk may employ such necessary clerical help as may in his judgment be required. 13. The board of supervisors of said county is hereby authorized and directed to appropriate, for the purpose of carrying out the provisions of this act, all such sums of money as may be necessary therefor. 14. The records and indexes herein provided to be made under the authority of this act shall be deposited in the office of the clerk of said county for public use and the same shall be public records. 15. To the extent that the provisions herein are inconsistent with any general or special law, this act shall be controlling. 16. This act shall be deemed and taken to be a public and not a private act. 17. The county clerk may adpot a new indexing system utilizing electro-mechanical, electronic, or any other method he deems suitable for maintaining the indexes. Such system shall be approved by the county legislature before being implemented. S 316-b. Inactive hazardous waste disposal site registry index. 1. On and after July first, nineteen hundred ninety-three, each recording officer must provide, at the expense of his county, proper books for making an index of present owners of inactive hazardous waste disposal sites contained in the annual report required by section 27-1305 of the environmental conservation law. The index shall contain an alphabetical listing of all owners listed in such annual report completed by the department of environmental conservation, together with a reference, for each present owner, to the page and year of the report where information regarding the inactive hazardous waste site may be located. The index shall also contain the tax map parcel number or the section, block and lot number of the site. 2. (a) No recording officer shall be liable for the failure to comply with the provisions of this section prior to July first, nineteen hundred ninety-three. (b) Any entries, index or other listing contained in the books required to be provided by this section prior to July first, nineteen hundred ninety-three shall be null, void and of no effect, nor shall such entries, index or listing be considered to provide actual or constructive notice of inactive hazardous waste disposal sites for any purpose. S 317. Order of recording. Every instrument, entitled to be recorded, must be recorded by the recording officer in the order and as of the time of its delivery to him therefor, and is considered recorded from the time of such delivery. S 318. Certificate to be recorded. The certificate of the acknowledgment or proof of the execution of an instrument, and the certificate authenticating the signature or seal of the officer so certifying, or both, if required, must be recorded together with the instrument so acknowledged or proved; otherwise neither the record of the instrument nor a transcript thereof can be read in evidence. S 319. Time of recording. The recording officer must make an entry in the record, immediately after the copy of every instrument recorded by him, stating the hour, day, month and year, when it was recorded, and must endorse upon every such instrument a certificate, stating the time as aforesaid, when, and the book and page where, the same was recorded. If the recording is by microphotography or other photographic process, the recording officer must endorse on the instrument the hour, day, month and year when it was recorded, and the serial number or such other designation as will permit easy reference to the record of such instrument, and he must, in addition, place thereon a certificate stating that the instrument has been recorded in deeds or mortgages as the case may be. S 320. Certain deeds deemed mortgages. A deed conveying real property, which, by any other written instrument, appears to be intended only as a security in the nature of a mortgage, although an absolute conveyance in terms, must be considered a mortgage; and the person for whose benefit such deed is made, derives no advantage from the recording thereof, unless every writing, operating as a defeasance of the same, or explanatory of its being desired to have the effect only of a mortgage, or conditional deed, is also recorded therewith, and at the same time. S 321. Recording discharge of mortgage. 1. The recording officer shall mark on the record of a mortgage the word "discharged" when there is presented to him a certificate or certificates signed as hereinafter provided, and acknowledged or proved and certified in like manner as to entitle a conveyance to be recorded, specifying that the mortgage has been paid or otherwise satisfied and discharged. (a) When it does not appear from the record that any interest in the mortgage has been assigned, the discharge shall be signed by the mortgagee or by his personal representative. (b) When it appears from the record that the mortgage has been assigned, whether or not the assignment was made as collateral security, the discharge shall be signed by the person who appears from the record to be the last assignee thereof or by his personal representative. (c) When the mortgage or an assignment thereof names two or more persons as mortgagees or assignees, the discharge shall be signed by the person or persons designated by the mortgage or assignment to receive payment of the mortgage debt or to give full acquittance and discharge therefor. When no such person or persons are designated by the mortgage or assignment, the certificate of discharge shall be signed by all of the persons named, in the mortgage or assignment, as mortgagees or assignees, as the case may be, or by their personal representatives, if the mortgage or assignment (i) specifies their respective interest in terms of a sum of money, or in terms of a fraction or percentage, or (ii) states that such persons shall share equally in, or shall have equal shares in the mortgage, or (iii) describes such persons as tenants in common of the mortgage. When it appears from the record that the mortgage is held by trustees, the certificate of discharge shall be signed by a majority of such trustees or of the survivors of them or by the survivors or survivor of them, unless the instrument creating the trust provides otherwise. Except as required above, the discharge may be signed by any one of the persons named in the mortgage or assignment, as mortgagees or assignees, as the case may be, or by the personal representative of the last survivor of them. If the mortgage or assignment states that the persons named therein as mortgagees or assignees shall hold the mortgage jointly, or describes such persons as joint tenants or tenants by the entirety of the mortgage, or expressly creates a right of survivorship among them, the discharge may be signed by any one of such persons or by the personal representative of the last survivor of them notwithstanding that the mortgage or assignment specifies their respective interests in the mortgage or states that they shall share equally or have equal shares therein. (d) When the mortgage has been partially assigned, the certificate of discharge shall be signed by all of the persons, or their personal representatives, who in the aggregate are the holders of all portions of the mortgage, including each partial assignee, and the assignor in case any portion of the mortgage has not been assigned; provided, however, that if any partial assignment names two or more persons as assignees, the person or persons who may sign the certificate discharging such partial interest shall be determined in accordance with the provisions of paragraph (c) of this subdivision. (e) Whenever two or more persons are required to execute a certificate of discharge as provided in this subdivision, there may be presented in lieu of such certificate, separately executed certificates of discharge as to the respective interests of each in the mortgage so that together the several certificates purport to discharge the entire mortgage. (f) In place of any of the persons specified in paragraphs (a), (b), (c) or (d) of this subdivision, a certificate of discharge of the mortgage or of any interest therein may be signed (i) by an agent who has been authorized by any such person to demand or receive payment or to give a certificate of discharge of the mortgage by a power of attorney, provided such power of attorney is of record in the office where the mortgage is recorded, and no instrument of revocation has been recorded; or (ii) by any person in whom title to such mortgage or to such interest, or authority to act on behalf of or in exercise of the right or power of the holder of such mortgage or of such interest is vested, in a fiduciary capacity, by virtue of an order or decree of a court having jurisdiction thereof, including, but not limited to, the guardian of a minor, the committee of an incompetent person, or the conservator of a conservatee, whether domestic or foreign, and a receiver in bankruptcy or trustee in bankruptcy. A certificate executed by any person specified in clause (ii) of this paragraph shall recite the name of the court and the venue of the proceedings in which his appointment was made, or the order or decree vesting him with such title or authority was entered. (g) If the mortgage is stated in the certificate of discharge to have been taken by the alien property custodian under and pursuant to the trading with the enemy act adopted by the United States congress, and approved October sixth, nineteen hundred sixteen, or any act amendatory thereof, or supplemental thereto, such certificate may be executed by such alien property custodian or such person as the president may appoint to give full acquittance and discharge for money or property belonging to an enemy or ally of an enemy which may be conveyed, assigned, delivered or transferred to said alien property custodian, with like effect as if the same had been executed by the mortgagee, his personal representative or assignee. Such certificate may be recorded, and such certificate, the record thereof and a certified copy of such record may be introduced in evidence in all courts of this state. 2. (a) The recording officer shall record and file such certificate or certificates together with the certificates of acknowledgment or proof, and shall note on the record of the mortgage the book and page containing such record of such certificate or certificates or the serial number of such record in the minute of the discharge of such mortgage, made by the officer upon the record thereof. The provisions of this paragraph shall not apply to the county of Suffolk, if the block method of index is in use, or a separate index of satisfactions recorded is maintained. (b) The recording officer shall also record every other instrument relating to a mortgage which is presented to him, acknowledged or proved in like manner as to entitle a conveyance to be recorded, including certificates purporting to discharge a mortgage or an interest therein which are signed by persons other than those specified in the first subdivision of this section, and also including, but not limited to, assignments, releases, partial discharges, reductions, estoppel certificates, extensions, discharges of partial interest and partial discharges of partial interest, regardless by whom any such instrument has been executed. When any such instrument has been recorded, the recording officer, except in counties where the block method of indexing is in use, or in Suffolk county, if a separate index of said instruments is maintained, shall enter a minute upon the record of the mortgage to which such instrument relates, indicating the nature of such instrument and the book and page where it has been recorded or the serial number of such record. 3. Every certificate presented to the recording officer shall be executed and acknowledged or proved in like manner as to entitle a conveyance to be recorded. If the mortgage has been assigned, in whole or in part, the certificate shall set forth the date of each assignment in the chain of title of the person or persons signing the certificate, the names of the assignor and assignee, the interest assigned, and, if the assignment has been recorded, the book and page where it has been recorded or the serial number of such record; or if the assignment is being recorded simultaneously with the certificate of discharge, the certificate of discharge shall so state. If the mortgage has not been assigned of record, the certificate shall so state. No certificate presented to the recording officer shall purport to discharge more than one mortgage, except that one certificate may purport to discharge two or more mortgages where the certificate states that one of such mortgages corrects, perfects or modifies the other mortgage or mortgages, or spreads the lien of the other mortgage or mortgages over the property subject to the lien of such mortgage, or consolidates the lien of the other mortgage or mortgages with the lien of such mortgage to constitute a single lien, or where the certificate states that the liens of the mortgages which the certificate purports to discharge have been so spread or so consolidated by a separate instrument and such instrument has been recorded; provided that in such case the certificate of discharge shall identify and describe each mortgage which it purports to discharge, in a separate paragraph, in the same manner and with the same particularity, and setting forth the same information with respect to assignments thereof, as would be required for a separate certificate discharging that mortgage, and shall also state, in a separate paragraph for each instrument, the date of any such separate instrument by which the liens of the mortgages have been spread or consolidated, the names of the parties thereto, and the book and page where it has been recorded or the serial number of such record. In any such case, except where otherwise expressly provided by law, the fee or fees which the recording officer is entitled to receive for filing and entering a certificate of discharge of a mortgage and examining assignments of such mortgage shall be payable with respect to each mortgage which the certificate purports to discharge, to the same extent as if a separate certificate of discharge had been filed for such mortgage. 4. After the record of the mortgage has been marked with the word "discharged, " the recording officer shall make and deliver to any person tendering the lawful fees therefor, his certificate setting forth the names of the mortgagor and the mortgagee, the book and page at which, the date when such mortgage was recorded, and the date on which the record of such mortgage was so marked, except in a county where recording is done by microphotography or photostating in the manner permitted by law, in which case, after microphotography or photostating, such certificate of discharge and the certificates of its acknowledgment or proof shall, in lieu of filing as provided in paragraph (a) of subdivision two of this section, be returned to the party leaving same for record. 5. The term "personal representative" as used in this section shall include the following: (a) An executor, administrator or voluntary administrator or one of two or more executors, administrators or voluntary administrators, whether domestic or foreign, including the public administrator, and an ancillary administrator appointed in this state. A certificate executed by any such personal representative shall recite the name of the court and the venue of the proceedings in which his letters testamentary or of administration were issued. (b) All of the distributees of a person dying intestate for whom no administrator shall have been appointed, provided that two years shall have elapsed since the date of death of such intestate. A certificate executed by such distributees shall recite the date of death of the intestate, his place of residence at the time of death, the fact that he died intestate, that no administrator has been appointed and that they constitute all the distributees of the intestate. 6. The provisions of this section authorizing the recording officer to mark on the record of a mortgage the word "discharged" shall not be deemed to enlarge, diminish or alter the legal effect which a certificate executed by any person or persons, or any payment made by the mortgagor or other transaction with respect to the mortgage or the mortgage debt, would otherwise have upon the rights of the mortgagor or of any person claiming a right or interest in the mortgage, the mortgage debt or the property subject to the mortgage. 7. In a county in which recording is accomplished by microfilm process and in which a block index of mortgages is also maintained it will not be necessary to mark the record of the mortgage "discharged", but it will be deemed sufficient compliance with this section if there is entered upon the block index of such mortgage the date of filing and the serial number of the certificate effecting the discharge. 7-a. If in any county, recording is accomplished by microfilm process and a separate index for satisfactions recorded is maintained or in which a block index of mortgages is also maintained it will not be necessary to mark the record of the mortgage "discharged", but it will be deemed sufficient compliance with this section if there is entered upon the index of such mortgage the date of filing and the serial number of the certificate effecting the discharge. 8. Certificates of discharge of mortgage and certificates of their acknowledgment or proof heretofore or hereafter recorded and filed, may be returned personally or by mail to the party leaving same for record or destroyed after microfilming or photostating where proper indices are maintained. S 321-a. Recording discharge of rent assignment. An assignment of rent to accrue from real property, heretofore recorded, or hereafter recorded pursuant to section two hundred ninety-four-a of this chapter, must be discharged upon the record thereof, by the recording officer, upon presentation to him of a certificate signed by the assignee, or by his personal representative or his assignee, and acknowledged or proved and certified in like manner to entitle a conveyance to be recorded, specifying that the obligation secured by the assignment of rent has been satisfied or discharged, or that the assignment of rent is canceled. When so signed and acknowledged or proved and certified, such certificate may be recorded, and such certificate, the record thereof, and a certified copy of such record may be introduced in evidence in all courts of this state. The certificate of discharge, and the certificates of its acknowledgment or proof, must be recorded and filed; and a reference must be made to the book and page containing such record in the minute of the discharge of such assignment of rent, made by the officer upon the record thereof. After such discharge has been recorded the recording officer shall make and deliver to the person in whose interest such discharge of assignment of rent is executed and recorded, his certificate setting forth the names of the assignor and assignee, the liber and page at which, the time when such assignment of rent was recorded, and the date on which said assignment of rent was satisfied and discharged. S 324. Effect of recording assignment of mortgage. The recording of an assignment of a mortgage is not in itself a notice of such assignment to a mortgagor, his heirs or personal representatives, or to an owner of the mortgaged premises where such assignment is recorded subsequent to the recording of the conveyance of such premises to such owner, so as to invalidate a payment made by either of them to the mortgagee or to a prior assignee of the mortgage. S 325. Recording of conveyances made by treasurer of Connecticut. A conveyance of real property, executed at any time since the tenth day of March, eighteen hundred and twenty-five, by the treasurer of the state of Connecticut, acknowledged by him before the secretary of state of such state, and the acknowledgment of which is certified by such secretary of state under the seal of such state, in the manner required for the acknowledgment and certification of a conveyance within this state, may be recorded in the proper office within this state, without further proof thereof. S 326. Revocation to be recorded. A power of attorney or other instrument, recorded pursuant to this article, is not deemed revoked by any act of the party by whom it was executed, unless the instrument containing such revocation is also recorded in the same office in which the instrument containing the power was recorded. S 327. Penalty for using long forms of covenants. The recording officer of any county may charge for the recording of an instrument containing any of the covenants mentioned in section two hundred and fifty-three and two hundred and fifty-four of this chapter, at large, instead of the short forms thereof, in said sections contained, the sum of five dollars in addition to the fees chargeable by law for such recording. S 328. Certain acts not affected. Nothing contained in this article repeals or affects any act providing for recording and indexing instruments affecting real property in the city of New York, according to city blocks or other limited areas. S 329. Actions to have certain instruments canceled of record. An owner of real property or of any undivided part thereof or interest therein or an owner of rent to accrue from a tenancy or subtenancy thereof, may maintain an action to have any recorded instrument in writing relating to such real property or interest therein, other than those required by law to be recorded, or any recorded assignment of rent to accrue from a tenancy or subtenancy of such property or interest therein declared void or invalid, or to have the same canceled of record as to said real property, or his undivided part thereof or interest therein, or as to the rent to accrue therefrom belonging to him. S 330. Officers guilty of malfeasance liable for damages. An officer authorized to take the acknowledgment or proof of a conveyance or other instrument, or to certify such proof or acknowledgment, or to record the same, who is guilty of malfeasance or fraudulent practice in the execution of any duty prescribed by law in relation thereto, is liable in damages to the person injured. S 331. Laws and decrees of foreign countries appointing agents and attorneys and recording of the same. A copy of a law of a foreign country or of a decree of the executive power of such a country, appointing an agent or attorney with power to execute and deliver in the name or on behalf of such foreign country, any instrument in writing granting, assigning, surrendering or in any manner affecting any estate or interest of such government in real property within this state, or assigning or discharging any lien or claim of such government upon real property within this state, or of a law or decree revoking such an appointment, if in English, or a translation into English of any such law or decree, if the original thereof be in a language other than English, when certified and recorded as hereinafter provided, shall be presumptive evidence of the authority of such agent or attorney. Certification of such copy or translation shall be made under the great seal of such foreign country and shall be to the effect that the same is a true copy or translation of such law or decree. Such copy or translation of such law or decree, when so certified, may be recorded in the office of the clerk or register of any county of this state, and such copy or translation when so certified and recorded, or a certified copy of the record thereof, shall be received as evidence in any court of this state. The authority conferred under any instrument so recorded shall not be deemed revoked as to property situated in any county except by the recording in such county of a copy or translation of a law or decree to that effect, duly certified in the manner hereinbefore provided. Nothing in this section shall in any way affect the right or power of a foreign country to acquire, hold or convey real property in this state, or be construed to confer any such right or power. S 332. The record of certain conveyances validated. 1. The record made prior to July first, nineteen hundred fifty-five in the office of the recording officer of any county in this state of any deed, mortgage, assignment or satisfaction piece of a mortgage, or other conveyance or power of attorney, otherwise authorized to be recorded therein, notwithstanding that the certificate of acknowledgment or proof did not set forth the place of residence of a subscribing witness or of a corporate officer or director, or did not set it forth with sufficient particularity, and notwithstanding any other defect in the form of the certificate of acknowledgment or proof or the failure to append thereto a certificate as to the authority of the person who took the acknowledgment or proof, to take the same, or any defect in the form of such certificate of authority, shall be in all respects as valid and effectual as though such certificate of acknowledgment or proof or certificate of authority had been in proper form or such certificate of authority had been appended to such instrument. Provided only that such person was duly authorized at the time of taking the proof or acknowledgment to take the same in the county where the instrument is recorded or in the place, whether within or without the United States, where the same was taken. 2. All acknowledgments or proofs of conveyance of real property made or taken prior to April tenth, nineteen hundred thirty, before a judge, clerk, deputy clerk or special deputy clerk of a court not of record of this state are confirmed. 3. All acts of the secretary of state of any state or territory of the United States in authenticating a certificate of acknowledgment or proof of a conveyance of real property within the state, performed before October first, nineteen hundred twenty-five, are hereby confirmed, provided that the said certificate of authentication is in the form required by the laws of this state on March twenty-third, nineteen hundred twenty-six or now required by law. 4. If an instrument is recorded hereafter notwithstanding the omission from the certificate of acknowledgment or proof of the street and street number of a subscribing witness or of a corporate officer or director contrary to the provisions of sections three hundred four, three hundred nine, three hundred nine-a and three hundred nine-b of this article, the record of such instrument shall not be invalidated by reason of such omission nor shall the title founded on such instrument be impaired thereby. 5. Nothing in this section shall effect any pending action or proceeding nor the rights of any purchaser in good faith and for a valuable consideration whose conveyance shall have been duly recorded before this section as amended shall take effect. S 332-a. Validation of the record, execution and proof or acknowledgment of certain other instruments. The record made prior to the day when this act takes effect in the office of the recording officer of any county in this state or, the execution and proof or acknowledgment made prior to the day when this act takes effect, of any deed, mortgage, assignment or satisfaction piece of a mortgage, discharge or release of part of mortgaged premises, or other conveyance or a power of attorney, the acknowledgment of the execution of which by a corporation was made by an officer thereof, or the execution of which was proven by a subscribing witness, such acknowledgment or proof having been taken or made before an officer or person thereto authorized, and the certificate or certification thereof or therefor being sufficient as to form in all respects except that it either did not state the place of residence of such officer of the corporation or of such subscribing witness or did not state it with sufficient particularity, shall be in all respects as valid and effectual as though such certificate or certification had contained a sufficient statement as to such place of residence; but this section shall not affect any action or proceeding pending at the time of the taking effect thereof. S 332-b. The record of certain other conveyances validated. 1. The record made subsequent to February thirteenth, nineteen hundred forty and prior to the time this section shall take effect in the office of the recording officer of any county in this state of any deed, mortgage, assignment or satisfaction piece of a mortgage, or other conveyance or power of attorney, otherwise authorized to be recorded therein, notwithstanding any defect in the form of the certificate of acknowledgment or proof or the failure to append thereto a certificate as to the authority of the person who took the acknowledgment or proof, to take the same, or any defect in the form of such certificate of authority, shall be in all respects as valid and effectual as though such certificate of acknowledgment or proof or certificate of authority had been in proper form or such certificate of authority had been appended to such instrument. Provided only that such person was duly authorized at the time of taking the proof or acknowledgment to take the same in the county where the instrument is recorded or in the place, whether within or without the United States, where the same was taken. 2. Nothing in this section shall affect any pending action or proceeding nor the rights of any purchaser in good faith and for a valuable consideration whose conveyance shall have been duly recorded before this section shall take effect. S 333. When conveyances of real property not to be recorded. 1. After September thirtieth, nineteen hundred and ten, a recording officer shall not record or accept for record any conveyance of real property executed subsequent to said September thirtieth, nineteen hundred and ten, unless the residence of the purchaser and if in a city of over five hundred thousand inhabitants according to the last federal census the street number of the residence of the purchaser shall be stated therein and such residence and street number shall be recorded with the conveyance. After May first, nineteen hundred and fourteen, a recording officer shall not record or accept for record any conveyance of real property executed subsequent to said first day of May, nineteen hundred and fourteen, if in a city of over two hundred thousand inhabitants according to the last federal census, unless the street number of the residence of the purchaser shall be stated therein and such residence and street number shall be recorded with the conveyance; provided, however, that this section shall not operate to invalidate any conveyance of real property, heretofore or hereafter executed, in which the residence or street number of the purchaser shall not have been stated, nor affect the record of any such conveyance accepted for record and recorded, heretofore or hereafter, contrary to the provisions of this section, nor impair any title founded on such a conveyance or record. After July first, nineteen hundred thirty-five, a recording officer of the county of Nassau shall not record or accept for record any conveyance of real property executed subsequent to said first day of July, nineteen hundred thirty-five, unless the city or incorporated village in which such real property is located be stated therein, and if not located in a city or incorporated village, then the township in which located shall be stated therein; provided, however, that this section shall not operate to invalidate any conveyance of real property, heretofore or hereafter executed, in which the description fails to designate the city or incorporated village in which the real property is located, nor affect the record of any such conveyance accepted for record and recorded, heretofore or hereafter contrary to the provisions of this section, nor impair any title founded on such a conveyance or record. 1-a. After September first, nineteen hundred forty, a recording officer shall not record or accept for record any conveyance of real property executed subsequent to said first day of September, nineteen hundred forty, unless the residence of the seller and of the purchaser, including the street and street number of the residence if any there be, shall be stated therein and such residences, including street and street number if any, shall be recorded with the conveyance; provided, however, that the provisions of this subdivision shall not operate to invalidate any conveyance of real property, executed subsequent to said first day of September, nineteen hundred forty, in which the residence, including street and street number if any, of the seller and of the purchaser shall not have been stated, nor affect the record contrary to the provisions of this subdivision, nor impair any title founded on such a conveyance or record. 1-b. With respect to instruments executed after September first, nineteen hundred forty-four, the terms seller and purchaser, as used in this section, shall include any party to a conveyance of real property. 1-c. With respect to instruments executed after September first, nineteen hundred forty-four, the term conveyance of r