New York Court of Appeals
In the Matter of Merscorp., Inc., Respondents v. Edward P. Romaine, as Clerk of the County of Suffolk, Et…
December 19, 20068 N.Y.3d 90
Summary
The Court affirmed the Appellate Division, holding that the Suffolk County Clerk must record and index MERS mortgages, assignments, and discharge certificates because the statutes impose a ministerial duty to record any instrument that satisfies the recording requirements, and the plain language of Real Property Law § 321 requires acceptance of the MERS documents. Chief Judge Kaye dissented, arguing the statutes do not compel the Clerk to record unrecorded MERS assignments, and Judge Ciparick concurred, emphasizing the narrow scope of the holding and suggesting legislative action.