What type of declaration is used by counsel in place of an affidavit in New York?

• A. Oath
• B. Affirmation
• C. Declaration
• D. Verbal Statement

Answer: (B)

Affirmation is the non‑religious substitute for an oath used in New York when a sworn written statement is needed. It functions just like an oath or an affidavit because the signer is pledging truth under penalty of perjury, but without the religious elements some people prefer. In practice, counsel can have an affirmation administered by the same officials who handle affidavits (such as a notary or commissioner of deeds), making the document legally binding in the same way as an affidavit. The other options don’t fit: an oath implies a religious component, a declaration is a different form that isn’t the standard substitute for an affidavit in New York, and a verbal statement isn’t a sworn, written declaration.