DOUNDLEY DO-WRONG

The New York Civil Practice Law and Rules (“CPLR”) -- specifically, section 2309 -- outlines the procedure involving oaths and affirmations. Subsection (c) deals with sworn statements  taken outside of New York State, and under what circumstances they will be accepted by our courts.

The law provides that such a “foreign” oath or affirmation will be treated as if taken within the State when accompanied by "such certificate or cetificates as would be required" to record a deed. If a step is omitted, the oath or affirmation is deficient.

In Elizabeth v. Doundley, Doundley sought to vacate an order of protection that had issued against him. When the Bronx County Supreme Court denied the request, Doundley appealed to the Appellate Division, First Department.

He alleged that his spouse, Elizabeth, “suborned perjury” at the hearing, and submitted an affidavit by a witness who apparently recanted "false" testimony he had offered against Doundley. The affidavit, however, was taken in the island nation of Jamaica, and was not properly certified. While the defect could have been corrected, Doundley apparently made no effort to do so. As a result, the AD1 was of the opinion that his request had been properly denied and that the order of protection should remain in place.

To that we can attest.

For a copy of the Appellate Division’s decision, please use this link: Elizabeth v. Doundley