§ 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 or her therefor, during business hours maintained by the recording officer, and is considered recorded from the time of such delivery; provided, however, that a digitized paper document or an electronic record shall be considered delivered for purposes of this section at the date and time of receipt indicated on an electronic or other written notification which shall be provided by the recording officer immediately upon receipt of a digitized paper document or electronic record.

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Terms Used In N.Y. Real Property Law 317

  • Digitized paper document: means a digitized image of a paper document that accurately depicts the information on the paper document in a format that cannot be altered without detection. See N.Y. Real Property Law 290
  • Electronic: means of or relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See N.Y. Real Property Law 290
  • Electronic record: means information evidencing any act, transaction, occurrence, event or other activity, produced or stored by electronic means and capable of being accurately reproduced in forms perceptible by human sensory capabilities. See N.Y. Real Property Law 290
  • Paper document: means a document in a form that is not electronic. See N.Y. Real Property Law 290
  • 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, or by an electronic process by which a record or instrument affecting real property, after delivery is incorporated into the public record. See N.Y. Real Property Law 290
  • recording officer: means the county clerk of the county, except in a county having a register, where it means the register of the county. See N.Y. Real Property Law 290