•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A04281 Summary:

BILL NOA04281
 
SAME ASNo Same As
 
SPONSORDinowitz
 
COSPNSR
 
MLTSPNSR
 
Amd §§306, 306-a & 307, BC L; add §92-a, amd §§172-c & 173-c, Exec L; amd §19, Gen Assoc L; amd §§304, 301-A & 303, Lim Lil L; amd §§306 & 307, N-PC L; amd §§121-104-A, 121-109, 121-1505 & 121-1506, Partn L; amd §§203, 216, 310 & 511, Tax L; amd §§11-609, 11-659 & 11-665, NYC Ad Cd; amd §§339-n & 442-g, RP L; amd §§250 & 352-b, Gen Bus L; amd §§48 & 74, Nav L; amd §253, V & T L
 
Expands service of process to the department of state in the city of New York.
Go to top

A04281 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4281
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2025
                                       ___________
 
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Judiciary
 
        AN  ACT  to  amend  the business corporation law, the executive law, the
          general associations law, the limited liability company law, the  not-
          for-profit  corporation  law,  the  partnership  law, the tax law, the
          administrative code of the city of New York, the  real  property  law,
          the  general  business  law,  the  navigation law, and the vehicle and
          traffic law, in relation  to  expanding  service  of  process  to  the
          department of state in the city of New York
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subparagraph 1 of paragraph (b) of section 306 of the busi-
     2  ness corporation law, as amended by section 2 of part KK of  chapter  56
     3  of the laws of 2021, is amended to read as follows:
     4    (1)  Service of process on the secretary of state as agent of a domes-
     5  tic or authorized foreign  corporation  shall  be  made  in  the  manner
     6  provided  by  clause  (i) or (ii) of this subparagraph. Either option of
     7  service authorized pursuant to this subparagraph shall be  available  at
     8  no  extra cost to the consumer. (i) Personally delivering to and leaving
     9  with the secretary of state or a deputy, or with any  person  authorized
    10  by  the secretary of state to receive such service, at the office of the
    11  department of state in either the city of Albany or New York,  duplicate
    12  copies  of such process together with the statutory fee, which fee shall
    13  be a taxable disbursement. Service of process on such corporation  shall
    14  be  complete  when the secretary of state is so served. The secretary of
    15  state shall promptly send one of such copies by certified  mail,  return
    16  receipt  requested,  to such corporation, at the post office address, on
    17  file in the department of state, specified for the purpose. If a  domes-
    18  tic or authorized foreign corporation has no such address on file in the
    19  department  of state, the secretary of state shall so mail such copy, in
    20  the case of a domestic corporation, in care of any director named in its
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08103-01-5

        A. 4281                             2
 
     1  certificate of incorporation at the director's  address  stated  therein
     2  or,  in  the  case  of an authorized foreign corporation, to such corpo-
     3  ration at the address of its office within this state  on  file  in  the
     4  department.  (ii) Electronically submitting a copy of the process to the
     5  department of state together with the statutory fee, which fee shall  be
     6  a  taxable  disbursement,  through  an electronic system operated by the
     7  department of state, provided the domestic or authorized foreign  corpo-
     8  ration  has an email address on file in the department of state to which
     9  the secretary of state shall email a notice of the fact that process has
    10  been served electronically on the secretary of state.  Service of  proc-
    11  ess  on  such  corporation shall be complete when the secretary of state
    12  has reviewed and accepted service of such process.    The  secretary  of
    13  state  shall  promptly  send  a notice of the fact that process has been
    14  served to such corporation at the email address on file in  the  depart-
    15  ment  of  state,  specified for the purpose and shall make a copy of the
    16  process available to such corporation.
    17    § 2. The executive law is amended by adding a new section 92-a to read
    18  as follows:
    19    § 92-a. Service of process. In any case in which service of process on
    20  the secretary of state as agent or attorney of an organization,  associ-
    21  ation, partnership, corporation, company, trust or other person or enti-
    22  ty  is authorized by law at the office of the department of state in the
    23  city of Albany, service of process on the secretary of state may be made
    24  by personal delivery to the secretary of  state  or  a  deputy,  or  any
    25  person  authorized by the secretary of state to receive such service, at
    26  the office of the department of state in  the  city  of  New  York.  The
    27  secretary  of  state  shall  so  authorize  appropriate  persons at such
    28  office.
    29    § 3. Subdivision 2 of section 172-c of the executive law,  as  amended
    30  by chapter 43 of the laws of 2002, is amended to read as follows:
    31    2.  Service  of such process upon the secretary of state shall be made
    32  by personally delivering to and leaving with the secretary of  state  or
    33  any person authorized by the secretary of state to accept such service a
    34  copy thereof at the office of the department of state in either the city
    35  of  Albany  or  New  York,  and such service shall be sufficient service
    36  provided that notice of such service and a  copy  of  such  process  are
    37  forthwith sent by the attorney general or any other party to such chari-
    38  table  organization  by certified mail with return receipt requested, at
    39  its office as set forth in the registration form required  to  be  filed
    40  with the attorney general pursuant to section one hundred seventy-two of
    41  this  article,  or  in  default  of the filing of such form, at the last
    42  address known to the attorney general or any  other  party.  Service  of
    43  such  process shall be complete upon the receipt by the attorney general
    44  or any other party of a return receipt purporting to be  signed  by  the
    45  addressee  or  a  person  qualified  to  receive  its certified mail, in
    46  accordance with the rules and customs of the post office department, or,
    47  if acceptance was refused by the addressee or its agent, ten days  after
    48  the  return  to the attorney general or any other party of a notation by
    49  the postal authorities that receipt thereof was refused.
    50    § 4. Subdivision 2 of section 173-c of the executive law,  as  amended
    51  by chapter 43 of the laws of 2002, is amended to read as follows:
    52    2. Service of such process or notice upon the secretary of state shall
    53  be  made  by  personally delivering to and leaving with the secretary of
    54  state or any person authorized by the secretary of state to accept  such
    55  service  a  copy  thereof  at  the  office of the department of state in
    56  either the city of Albany or New York, and such service shall be  suffi-

        A. 4281                             3
 
     1  cient  service  provided  that notice of such service and a copy of such
     2  process are forthwith sent by the attorney general or other party as the
     3  case may be to such professional  fund  raiser,  fund  raising  counsel,
     4  professional  solicitor or commercial co-venturer by certified mail with
     5  return receipt requested, at the office address  as  set  forth  in  the
     6  registration  form required to be filed with the attorney general pursu-
     7  ant  to   sections   one   hundred   seventy-three   and   one   hundred
     8  seventy-three-b  of  this  article,  or in default of the filing of such
     9  form, at the last address known to the attorney general or other  party.
    10  Service  of such process shall be complete ten days after the receipt by
    11  the attorney general or other party of a return receipt purporting to be
    12  signed by the addressee or a person qualified to receive the addressee's
    13  certified mail, in accordance with the rules and  customs  of  the  post
    14  office department, or, if acceptance was refused by the addressee or the
    15  agent,  ten days after the return to the attorney general or other party
    16  of the original envelope bearing a notation by  the  postal  authorities
    17  that receipt thereof was refused.
    18    § 5. Section 19 of the general associations law, as amended by section
    19  16  of  part KK of chapter 56 of the laws of 2021, is amended to read as
    20  follows:
    21    § 19. Service of process. Service of process  against  an  association
    22  upon  the  secretary  of  state  shall be made in the manner provided by
    23  subdivision one or two of this section. Either option of service author-
    24  ized pursuant to this section shall be available at no extra cost to the
    25  consumer. (1) Personally delivering to and leaving with [him or her] the
    26  secretary of state or with a person authorized by the secretary of state
    27  to receive such service, duplicate copies of such process at the  office
    28  of  the department of state in either the city of Albany or New York. At
    29  the time of such service the plaintiff shall pay a fee of forty  dollars
    30  to  the  secretary  of  state which shall be a taxable disbursement. The
    31  secretary of state shall promptly send by certified  mail  one  of  such
    32  copies  to  the  association  at  the address fixed for that purpose, as
    33  herein provided. (2) Electronically submitting a copy of the process  to
    34  the department of state together with the statutory fee, which fee shall
    35  be  a taxable disbursement, through an electronic system operated by the
    36  department of state, provided the association has an  email  address  on
    37  file  in  the  department of state to which the secretary of state shall
    38  email a notice of the fact that process has been  served  electronically
    39  on  the secretary of state. Service of process on such association shall
    40  be complete when the  secretary  of  state  has  reviewed  and  accepted
    41  service  of  such  process. The secretary of state shall promptly send a
    42  notice of the fact that process against such association has been served
    43  electronically upon [him or her] the secretary of state, to such associ-
    44  ation at the email address on file in the department of state, specified
    45  for the purpose and shall make a copy of the process available  to  such
    46  association.  If  the  action  or proceeding is instituted in a court of
    47  limited jurisdiction, service of process  may  be  made  in  the  manner
    48  provided  in this section if the cause of action arose within the terri-
    49  torial jurisdiction of the court and the office of the defendant, as set
    50  forth in its statement filed pursuant to section eighteen of this [chap-
    51  ter] article, is within such territorial jurisdiction.
    52    § 6. Paragraph 1 of subdivision (b) of  section  304  of  the  limited
    53  liability company law, as amended by section 22 of part KK of chapter 56
    54  of the laws of 2021, is amended to read as follows:
    55    (1)  Personally  delivering to and leaving with the secretary of state
    56  or [his or her] the deputy of the secretary of state, or with any person

        A. 4281                             4
 
     1  authorized by the secretary of state to receive  such  service,  at  the
     2  office  of  the  department of state in either the city of Albany or New
     3  York, a copy of such process together with the statutory fee, which  fee
     4  shall be a taxable disbursement.
     5    §  7.  Paragraph  (b) of section 306 of the not-for-profit corporation
     6  law, as amended by section 30 of part KK of chapter 56 of  the  laws  of
     7  2021, is amended to read as follows:
     8    (b)  Service of process on the secretary of state as agent of a domes-
     9  tic corporation formed under article four of this chapter or an  author-
    10  ized foreign corporation shall be made in the manner provided by subpar-
    11  agraph  one  or  two of this paragraph. (1) Personally delivering to and
    12  leaving with the secretary of state or [his or her] the  deputy  of  the
    13  secretary  of  state,  or with any person authorized by the secretary of
    14  state to receive such service, at the office of the department of  state
    15  in either the city of Albany or New York, duplicate copies of such proc-
    16  ess  together  with  the  statutory  fee,  which  fee shall be a taxable
    17  disbursement. Service of process on such corporation shall  be  complete
    18  when  the secretary of state is so served.  The secretary of state shall
    19  promptly send one of such  copies  by  certified  mail,  return  receipt
    20  requested,  to  such corporation, at the post office address, on file in
    21  the department of state, specified for the purpose. If a domestic corpo-
    22  ration formed under article  four  of  this  chapter  or  an  authorized
    23  foreign  corporation  has  no  such address on file in the department of
    24  state, the secretary of state shall so mail such  copy  to  such  corpo-
    25  ration  at  the  address  of its office within this state on file in the
    26  department. (2) Electronically submitting a copy of the process  to  the
    27  department  of state together with the statutory fee, which fee shall be
    28  a taxable disbursement, through an electronic  system  operated  by  the
    29  department  of state, provided the domestic or authorized foreign corpo-
    30  ration has an email address on file in the department of state to  which
    31  the secretary of state shall email a notice of the fact that process has
    32  been  served electronically on the secretary of state.  Service of proc-
    33  ess on such corporation shall be complete when the  secretary  of  state
    34  has  reviewed  and  accepted  service of such process.  The secretary of
    35  state shall promptly send a notice of the fact that process against such
    36  corporation has been served electronically on [him or her] the secretary
    37  of state to such corporation at the email address on file in the depart-
    38  ment of state, specified for the purpose and shall make a  copy  of  the
    39  process available to such corporation.
    40    §  8.  The  opening  paragraph  of  paragraph  2 of subdivision (e) of
    41  section 121-104-A of the partnership law, as added by chapter 448 of the
    42  laws of 1998, is amended to read as follows:
    43    Service of such process upon the secretary of state shall be  made  by
    44  personally  delivering to and leaving with [him or his] the secretary of
    45  state or the deputy of the  secretary  of  state,  or  with  any  person
    46  authorized  by  the  secretary  of state to receive such service, at the
    47  office of the department of state in either the city of  Albany  or  New
    48  York,  a copy of such process together with the statutory fee, which fee
    49  shall be a taxable disbursement. Such service  shall  be  sufficient  if
    50  notice thereof and a copy of the process are:
    51    §  9.  The  opening  paragraph  of  paragraph  1 of subdivision (a) of
    52  section 121-109 of the partnership law, as amended by section 41 of part
    53  KK of chapter 56 of the laws of 2021, is amended to read as follows:
    54    By personally delivering to and leaving with [him or  her  or  his  or
    55  her]  the secretary of state or the deputy of the secretary of state, or
    56  with any person authorized by the secretary of  state  to  receive  such

        A. 4281                             5
 
     1  service,  at the office of the department of state in either the city of
     2  Albany or New York, duplicate copies of such process together  with  the
     3  statutory fee, which fee shall be a taxable disbursement.
     4    §  10.  Subdivision (a) of section 121-1505 of the partnership law, as
     5  amended by section 52 of part KK of chapter 56 of the laws of  2021,  is
     6  amended to read as follows:
     7    (a)  Service of process on the secretary of state as agent of a regis-
     8  tered limited liability  partnership  or  New  York  registered  foreign
     9  limited  liability  partnership  under this article shall be made in the
    10  manner provided by paragraph one or  two  of  this  subdivision.  Either
    11  option  of  service  authorized  pursuant  to  this subdivision shall be
    12  available at no extra cost to the consumer. (1) Personally delivering to
    13  and leaving with the secretary of state or a deputy, or with any  person
    14  authorized  by  the  secretary  of state to receive such service, at the
    15  office of the department of state in either the city of  Albany  or  New
    16  York,  duplicate copies of such process together with the statutory fee,
    17  which fee shall be a taxable disbursement. Service of  process  on  such
    18  registered  limited  liability  partnership  shall  be complete when the
    19  secretary of state is so served. The secretary of state  shall  promptly
    20  send  one of such copies by certified mail, return receipt requested, to
    21  such registered  limited  liability  partnership,  at  the  post  office
    22  address  on  file in the department of state specified for such purpose.
    23  (2) Electronically submitting a copy of the process to the department of
    24  state together with the statutory fee, which  fee  shall  be  a  taxable
    25  disbursement, through an electronic system operated by the department of
    26  state, provided the registered limited liability partnership or New York
    27  registered foreign limited liability partnership has an email address on
    28  file  in  the  department of state to which the secretary of state shall
    29  email a notice of the fact that process against such registered  limited
    30  liability  partnership  or New York registered foreign limited liability
    31  partnership served has been electronically served on  the  secretary  of
    32  state.  Service of process on such registered limited liability partner-
    33  ship or New York registered foreign limited liability partnership  shall
    34  be  complete  when  the  secretary  of  state  has reviewed and accepted
    35  service of such process. The secretary of state shall  promptly  send  a
    36  notice  of the fact that process against such registered limited liabil-
    37  ity partnership or New York registered foreign limited  liability  part-
    38  nership  has  been served electronically upon [him or her] the secretary
    39  of state, to such registered limited liability partnership or  New  York
    40  registered foreign limited liability partnership at the email address on
    41  file  in  the  department  of state, specified for the purpose and shall
    42  make a copy of the process available to such registered limited  liabil-
    43  ity  partnership  or New York registered foreign limited liability part-
    44  nership.
    45    § 11. The opening paragraph of  paragraph  2  of  subdivision  (f)  of
    46  section  121-1506 of the partnership law, as added by chapter 448 of the
    47  laws of 1998, is amended to read as follows:
    48    Service of such process upon the secretary of state shall be  made  by
    49  personally  delivering to and leaving with [him or his] the secretary of
    50  state or the deputy of the  secretary  of  state,  or  with  any  person
    51  authorized  by  the  secretary  of state to receive such service, at the
    52  office of the department of state in either the city of  Albany  or  New
    53  York,  a copy of such process together with the statutory fee, which fee
    54  shall be a taxable disbursement. Such service  shall  be  sufficient  if
    55  notice thereof and a copy of the process are:

        A. 4281                             6
 
     1    § 12. Subdivision 2 of section 203 of the tax law, as amended by chap-
     2  ter 100 of the laws of 1964, is amended to read as follows:
     3    2.    Every  foreign  corporation  (other  than a moneyed corporation)
     4  subject to the provisions of this article, except a corporation having a
     5  certificate of authority under former section two hundred twelve of  the
     6  general  corporation law or having authority to do business by virtue of
     7  section thirteen hundred five of the  business  corporation  law,  shall
     8  file  in  the  department  of  state a certificate of designation in its
     9  corporate name, signed and acknowledged by its president or a  vice-pre-
    10  sident  or  its secretary or treasurer, under its corporate seal, desig-
    11  nating the secretary of state as its agent  upon  whom  process  in  any
    12  action provided for by this article may be served within this state, and
    13  setting  forth  an  address to which the secretary of state shall mail a
    14  copy of any such process against the corporation  which  may  be  served
    15  upon  [him]  the secretary of state.  In case any such corporation shall
    16  have failed to file such certificate of designation, it shall be  deemed
    17  to  have  designated  the secretary of state as its agent upon whom such
    18  process against it may be served; and until a certificate of designation
    19  shall have been filed the corporation shall be deemed to  have  directed
    20  the  secretary  of state to mail copies of process served upon [him] the
    21  secretary of state to the corporation at its last known  office  address
    22  within or without the state.  When a certificate of designation has been
    23  filed  by  such  corporation the secretary of state shall mail copies of
    24  process thereafter served upon [him]  the  secretary  of  state  to  the
    25  address  set forth in such certificate.  Any such corporation, from time
    26  to time, may change the address to  which  the  secretary  of  state  is
    27  directed  to  mail  copies  of  process, by filing a certificate to that
    28  effect executed, signed and acknowledged in like manner as a certificate
    29  of designation as herein provided.   Service of process  upon  any  such
    30  corporation  or  upon  any corporation having a certificate of authority
    31  under former section two hundred twelve of the general  corporation  law
    32  or having authority to do business by virtue of section thirteen hundred
    33  five  of  the  business  corporation law, in any action commenced at any
    34  time pursuant to the provisions of this article, may be made  by  either
    35  (1)  personally delivering to and leaving with the secretary of state, a
    36  deputy secretary of state or with any person authorized by the secretary
    37  of state to receive such service duplicate copies thereof at the  office
    38  of  the department of state in either the city of Albany or New York, in
    39  which event the secretary of state shall forthwith  send  by  registered
    40  mail, return receipt requested, one of such copies to the corporation at
    41  the  address designated by it or at its last known office address within
    42  or without the state, or (2) personally delivering to and  leaving  with
    43  the  secretary  of state, a deputy secretary of state or with any person
    44  authorized by the secretary of state to receive  such  service,  a  copy
    45  thereof  at  the office of the department of state in either the city of
    46  Albany or New York and by delivering a copy thereof to, and leaving such
    47  copy with, the president, vice-president,  secretary,  assistant  secre-
    48  tary, treasurer, assistant treasurer, or cashier of such corporation, or
    49  the  officer performing corresponding functions under another name, or a
    50  director or managing agent of such corporation, personally  without  the
    51  state.   Proof of such personal service without the state shall be filed
    52  with the clerk of the court in which the action is pending within thirty
    53  days after such service, and such service shall  be  complete  ten  days
    54  after proof thereof is filed.
    55    §  13. Section 216 of the tax law, as added by chapter 415 of the laws
    56  of 1944, the opening paragraph as amended by chapter 100 of the laws  of

        A. 4281                             7
 
     1  1964  and redesignated by chapter 613 of the laws of 1976, is amended to
     2  read as follows:
     3    §  216.  Collection  of taxes. Every foreign corporation (other than a
     4  moneyed corporation) subject to the provisions of this article, except a
     5  corporation having a certificate of authority under former  section  two
     6  hundred  twelve of the general corporation law or having authority to do
     7  business by virtue of section thirteen  hundred  five  of  the  business
     8  corporation  law, shall file in the department of state a certificate of
     9  designation in its corporate name, signed and acknowledged by its presi-
    10  dent or a vice-president or its secretary or treasurer, under its corpo-
    11  rate seal, designating the secretary of state as  its  agent  upon  whom
    12  process  in any action provided for by this article may be served within
    13  this state, and setting forth an address to which the secretary of state
    14  shall mail a copy of any such process against the corporation which  may
    15  be  served  upon  [him]  the secretary of state. In case any such corpo-
    16  ration shall have failed to file such  certificate  of  designation,  it
    17  shall  be  deemed to have designated the secretary of state as its agent
    18  upon whom such process against it may be served; and until a certificate
    19  of designation shall have been filed the corporation shall be deemed  to
    20  have  directed  the  secretary of state to mail copies of process served
    21  upon [him] the secretary of state to the corporation at its  last  known
    22  office  address  within  or  without  the state.   When a certificate of
    23  designation has been filed by such corporation the  secretary  of  state
    24  shall  mail copies of process thereafter served upon [him] the secretary
    25  of state to the address set forth in such certificate.  Any such  corpo-
    26  ration, from time to time, may change the address to which the secretary
    27  of  state is directed to mail copies of process, by filing a certificate
    28  to that effect executed, signed and acknowledged in  like  manner  as  a
    29  certificate  of  designation as herein provided. Service of process upon
    30  any such corporation or upon any corporation  having  a  certificate  of
    31  authority  under former section two hundred twelve of the general corpo-
    32  ration law or having authority to do business by virtue of section thir-
    33  teen hundred five  of  the  business  corporation  law,  in  any  action
    34  commenced at any time pursuant to the provisions of this article, may be
    35  made  by either (1) personally delivering to and leaving with the secre-
    36  tary of state, a deputy secretary of state or with any person authorized
    37  by the secretary of state to receive such service duplicate copies ther-
    38  eof at the office of the department of state in either the city of Alba-
    39  ny or New York, in which event the secretary of  state  shall  forthwith
    40  send by registered mail, return receipt requested, one of such copies to
    41  the  corporation  at  the  address designated by it or at its last known
    42  office address within or without the state, or (2) personally delivering
    43  to and leaving with the secretary of state, a deputy secretary of  state
    44  or  with any person authorized by the secretary of state to receive such
    45  service, a copy thereof at the office of  the  department  of  state  in
    46  either  the  city of Albany or New York and by delivering a copy thereof
    47  to, and leaving such copy with, the  president,  vice-president,  secre-
    48  tary, assistant secretary, treasurer, assistant treasurer, or cashier of
    49  such  corporation,  or  the  officer  performing corresponding functions
    50  under another name, or a director or managing agent of such corporation,
    51  personally without the state.  Proof of such  personal  service  without
    52  the state shall be filed with the clerk of the court in which the action
    53  is pending within thirty days after such service, and such service shall
    54  be complete ten days after proof thereof is filed.
    55    § 14. Subdivision (b) of section 310 of the tax law, as added by chap-
    56  ter 400 of the laws of 1983, is amended to read as follows:

        A. 4281                             8
 
     1    (b)  Service  of process.--Service of process upon any petroleum busi-
     2  ness which is a  corporation  (including  any  such  petroleum  business
     3  having  a  certificate  of  authority  under  former section two hundred
     4  twelve of the general corporation law or having authority to do business
     5  by  virtue  of section thirteen hundred five of the business corporation
     6  law), in any action commenced at any time pursuant to the provisions  of
     7  this  article,  may  be  made by either (1) personally delivering to and
     8  leaving with the secretary of state, a deputy secretary of state or with
     9  any person authorized by the secretary of state to receive such  service
    10  duplicate  copies  thereof  at  the office of the department of state in
    11  either the city of Albany or New York, in which event the  secretary  of
    12  state shall forthwith send by registered mail, return receipt requested,
    13  one  of such copies to such petroleum business at the address designated
    14  by it or at its last known office address within or without  the  state,
    15  or (2) personally delivering to and leaving with the secretary of state,
    16  a  deputy secretary of state or with any person authorized by the secre-
    17  tary of state to receive such service, a copy thereof at the  office  of
    18  the  department of state in either the city of Albany or New York and by
    19  delivering a copy thereof to, and leaving such copy with, the president,
    20  vice-president, secretary,  assistant  secretary,  treasurer,  assistant
    21  treasurer,  or  cashier  of  such  petroleum  business,  or  the officer
    22  performing corresponding functions under another name, or a director  or
    23  managing agent of such petroleum business, personally without the state.
    24  Proof of such personal service without the state shall be filed with the
    25  clerk  of  the  court  in which the action is pending within thirty days
    26  after such service, and such service shall be complete  ten  days  after
    27  proof thereof is filed.
    28    §  15.  Subdivision  5  of  section  511 of the tax law, as amended by
    29  section 7 of part E of chapter 60 of the laws of  2007,  is  amended  to
    30  read as follows:
    31    5. The operation by a nonresident of a vehicular unit in this state or
    32  the  operation  in this state of a motor vehicle, trailer, semi-trailer,
    33  dolly or other device owned by a nonresident shall be deemed  equivalent
    34  to  an  appointment  by such nonresident of the secretary of state to be
    35  [his] the nonresident's true and lawful attorney upon whom may be served
    36  the process in any action or proceeding against  [him]  the  nonresident
    37  growing  out  of  any  liability  for fees, taxes, penalties or interest
    38  under this article and such operation shall be deemed a signification of
    39  [his] the nonresident's agreement that any such  process  against  [him]
    40  the  nonresident which is so served shall be of the same legal force and
    41  validity as if served on [him] the  nonresident  personally  within  the
    42  state  and  within  the territorial jurisdiction of the court from which
    43  the process issues. Service of process  shall  be  made  by  either  (1)
    44  personally  delivering  to  and leaving with the secretary of state or a
    45  deputy secretary of state duplicate copies thereof at the office of  the
    46  department  of  state in either the city of Albany or New York, in which
    47  event the secretary of state shall forthwith send by registered mail one
    48  of such copies to the person at the  address  designated  by  [him]  the
    49  nonresident  in [his] the nonresident's application for a certificate of
    50  registration under this article or in the last return filed by [him] the
    51  nonresident under this article or as shown on the records of the commis-
    52  sioner, or if no application has been filed, at [his] the  nonresident's
    53  last known office address within or without the state, or (2) personally
    54  delivering to and leaving with the secretary of state or a deputy secre-
    55  tary of state a copy thereof at the office of the department of state in
    56  either  the  city of Albany or New York and by delivering a copy thereof

        A. 4281                             9
 
     1  to the person, personally without the  state.  Proof  of  such  personal
     2  service  without the state shall be filed with the clerk of the court in
     3  which the process is pending within thirty days after such  service  and
     4  such service shall be complete ten days after proof thereof is filed.
     5    §  16.  The  opening  paragraph  of  paragraph 2 of subdivision (e) of
     6  section 301-A of the limited liability company law, as added by  chapter
     7  448 of the laws of 1998, is amended to read as follows:
     8    Service  of  such process upon the secretary of state shall be made by
     9  personally delivering to and leaving with [him or his] the secretary  of
    10  state  or  the  deputy  of  the  secretary  of state, or with any person
    11  authorized by the secretary of state to receive  such  service,  at  the
    12  office  of  the  department of state in either the city of Albany or New
    13  York, a copy of such process together with the statutory fee, which  fee
    14  shall  be  a  taxable  disbursement. Such service shall be sufficient if
    15  notice thereof and a copy of the process are:
    16    § 17. Subdivision (a) of section 303 of the limited liability  company
    17  law, as amended by section 21 of part KK chapter 56 of the laws of 2021,
    18  is amended to read as follows:
    19    (a)  Service of process on the secretary of state as agent of a domes-
    20  tic limited liability company or authorized  foreign  limited  liability
    21  company  shall be made in the manner provided by paragraph one or two of
    22  this subdivision. Either option of service authorized pursuant  to  this
    23  subdivision  shall  be  available at no extra cost to the consumer.  (1)
    24  Personally delivering to and leaving with the secretary of state or [his
    25  or her] the deputy of the secretary of state, or with any person author-
    26  ized by the secretary of state to receive such service, at the office of
    27  the department of state in either the city of Albany or New York, dupli-
    28  cate copies of such process together with the statutory fee,  which  fee
    29  shall  be  a  taxable  disbursement.  Service of process on such limited
    30  liability company shall be complete when the secretary of  state  is  so
    31  served. The secretary of state shall promptly send one of such copies by
    32  certified  mail,  return  receipt  requested,  to such limited liability
    33  company at the post office address on file in the  department  of  state
    34  specified  for that purpose. (2) Electronically submitting a copy of the
    35  process to the department of state  together  with  the  statutory  fee,
    36  which  fee shall be a taxable disbursement, through an electronic system
    37  operated by the department of state, provided the domestic or authorized
    38  foreign limited liability company has an email address on  file  in  the
    39  department of state to which the secretary of state shall email a notice
    40  of the fact that process has been served electronically on the secretary
    41  of  state. Service of process on such limited liability company shall be
    42  complete when the secretary of state has reviewed and  accepted  service
    43  of  such process. The secretary of state shall promptly send a notice of
    44  the fact that process against such limited liability  company  has  been
    45  served  electronically  on  [him  or her] the secretary of state to such
    46  limited liability company at the email address on file in the department
    47  of state, specified for the purpose and shall make a copy of the process
    48  available to such limited liability company.
    49    § 18. Subparagraph 1 of paragraph (b) of section 307 of  the  not-for-
    50  profit  corporation  law, as amended by section 31 of part KK of chapter
    51  56 of the laws of 2021, is amended to read as follows:
    52    (1) Service of such process upon the secretary of state shall be  made
    53  in  the  manner  provided  by  items  (i)  or (ii) of this subparagraph.
    54  Either option of service authorized pursuant to this paragraph shall  be
    55  available at no extra cost to the consumer. (i) Personally delivering to
    56  and  leaving  with  [him or his] the secretary of state or the deputy of

        A. 4281                            10
 
     1  the secretary of state, or with any person authorized by  the  secretary
     2  of  state  to  receive  such service, at the office of the department of
     3  state in either the city of Albany or New York, a copy of  such  process
     4  together  with the statutory fee, which fee shall be a taxable disburse-
     5  ment. (ii) Electronically submitting  a  copy  of  the  process  to  the
     6  department  of state together with the statutory fee, which fee shall be
     7  a taxable disbursement, through an electronic  system  operated  by  the
     8  department of state.
     9    §  19.  The  opening  paragraph  of subparagraph 2 of paragraph (e) of
    10  section 306-a of the business corporation law, as added by  chapter  469
    11  of the laws of 1997, is amended to read as follows:
    12    Service  of  such process upon the secretary of state shall be made by
    13  personally delivering to and leaving with [him or his] the secretary  of
    14  state  or  the  deputy  of  the  secretary  of state, or with any person
    15  authorized by the secretary of state to receive  such  service,  at  the
    16  office  of  the  department of state in either the city of Albany or New
    17  York, a copy of such process together with the statutory fee, which  fee
    18  shall  be  a  taxable  disbursement. Such service shall be sufficient if
    19  notice thereof and a copy of the process are:
    20    § 20. The opening paragraph of paragraph (b) of  section  307  of  the
    21  business  corporation law, as amended by section 3 of part KK of chapter
    22  56 of the laws of 2021, is amended to read as follows:
    23    Service of such process upon the secretary of state shall be  made  in
    24  the  manner  provided  by  subparagraph [one or two] (i) or (ii) of this
    25  paragraph. Either option of service authorized pursuant  to  this  para-
    26  graph  shall  be  available at no extra cost to the consumer[. (1)]: (i)
    27  Personally delivering to and leaving with [him or his] the secretary  of
    28  state  or  the  deputy  of  the  secretary  of state, or with any person
    29  authorized by the secretary of state to receive  such  service,  at  the
    30  office  of  the  department of state in either the city of Albany or New
    31  York, a copy of such process together with the statutory fee, which  fee
    32  shall  be a taxable disbursement[. (2)] (ii) Electronically submitting a
    33  copy of the process to the department of state together with the  statu-
    34  tory  fee,  which  fee shall be a taxable disbursement, through an elec-
    35  tronic system operated by the department of state. Such service shall be
    36  sufficient if notice thereof and a copy of the process are:
    37    § 21. Section 11-609 of the administrative code of  the  city  of  New
    38  York is amended to read as follows:
    39    §  11-609 Collection of taxes. Every foreign corporation (other than a
    40  moneyed corporation) subject  to  the  provisions  of  this  subchapter,
    41  except  a  corporation  having  authority  to  do  business by virtue of
    42  section thirteen hundred five of the  business  corporation  law,  shall
    43  file  in  the  department  of  state a certificate of designation in its
    44  corporate name, signed and acknowledged by its president or a  vice-pre-
    45  sident  or  its secretary or treasurer, under its corporate seal, desig-
    46  nating the secretary of state as its agent  upon  whom  process  in  any
    47  action  provided for by this subchapter may be served within this state,
    48  and setting forth an address to which the secretary of state shall  mail
    49  a  copy  of any such process against the corporation which may be served
    50  upon the secretary of state. In case any  such  corporation  shall  have
    51  failed  to  file  such certificate of designation, it shall be deemed to
    52  have designated the secretary of state as its agent upon whom such proc-
    53  ess against it may be served; and until  a  certificate  of  designation
    54  shall  have  been filed the corporation shall be deemed to have directed
    55  the secretary of state to mail copies of process  served  upon  [him  or
    56  her]  the secretary of state to the corporation at its last known office

        A. 4281                            11
 
     1  address within or without the state. When a certificate  of  designation
     2  has  been  filed  by  such corporation the secretary of state shall mail
     3  copies of process thereafter served upon the secretary of state  to  the
     4  address  set  forth in such certificate. Any such corporation, from time
     5  to time, may change the address to  which  the  secretary  of  state  is
     6  directed  to  mail  copies  of  process, by filing a certificate to that
     7  effect executed, signed and acknowledged in like manner as a certificate
     8  of designation as herein provided. Service  of  process  upon  any  such
     9  corporation  or  upon  any corporation having a certificate of authority
    10  under former section two hundred twelve of the general  corporation  law
    11  or having authority to do business by virtue of section thirteen hundred
    12  five  of  the  business  corporation law, in any action commenced at any
    13  time pursuant to the provisions of  this  subchapter,  may  be  made  by
    14  either:  (a)  personally delivering to and leaving with the secretary of
    15  state, a deputy secretary of state or with any person authorized by  the
    16  secretary  of  state to receive such service duplicate copies thereof at
    17  the office of the department of state in either the city  of  Albany  or
    18  New  York, in which event the secretary of state shall forthwith send by
    19  registered mail, return receipt requested, one of  such  copies  to  the
    20  corporation  at the address designated by it or at its last known office
    21  address within or without the state, or (b) personally delivering to and
    22  leaving with the secretary of state, a deputy secretary of state or with
    23  any person authorized by the secretary of state to receive such service,
    24  a copy thereof at the office of the department of state  in  either  the
    25  city  of  Albany  or  New  York and by delivering a copy thereof to, and
    26  leaving  such  copy  with,  the  president,  vice-president,  secretary,
    27  assistant  secretary, treasurer, assistant treasurer, or cashier of such
    28  corporation, or the officer  performing  corresponding  functions  under
    29  another  name,  or  a  director  or  managing agent of such corporation,
    30  personally without the state. Proof of such personal service without the
    31  state shall be filed with the clerk of the court in which the action  is
    32  pending within thirty days after such service, and such service shall be
    33  complete ten days after proof thereof is filed.
    34    §  22.  Section  11-659  of the administrative code of the city of New
    35  York, as added by section 1 of part D of chapter 60 of the laws of 2015,
    36  is amended to read as follows:
    37    § 11-659 Collection of taxes. Every foreign corporation (other than  a
    38  moneyed  corporation)  subject  to  the  provisions  of this subchapter,
    39  except a corporation having  authority  to  do  business  by  virtue  of
    40  section  thirteen  hundred  five  of the business corporation law, shall
    41  file in the department of state a  certificate  of  designation  in  its
    42  corporate  name, signed and acknowledged by its president or a vice-pre-
    43  sident or its secretary or treasurer, under its corporate  seal,  desig-
    44  nating  the  secretary  of  state  as its agent upon whom process in any
    45  action provided for by this subchapter may be served within this  state,
    46  and  setting forth an address to which the secretary of state shall mail
    47  a copy of any such process against the corporation which may  be  served
    48  upon  the  secretary  of  state. In case any such corporation shall have
    49  failed to file such certificate of designation, it shall  be  deemed  to
    50  have designated the secretary of state as its agent upon whom such proc-
    51  ess  against  it  may  be served; and until a certificate of designation
    52  shall have been filed the corporation shall be deemed to  have  directed
    53  the  secretary  of  state  to mail copies of process served upon [him or
    54  her] the secretary of state to the corporation at its last known  office
    55  address  within  or without the state. When a certificate of designation
    56  has been filed by such corporation the secretary  of  state  shall  mail

        A. 4281                            12
 
     1  copies  of  process thereafter served upon the secretary of state to the
     2  address set forth in such certificate. Any such corporation,  from  time
     3  to  time,  may  change  the  address  to which the secretary of state is
     4  directed  to  mail  copies  of  process, by filing a certificate to that
     5  effect executed, signed and acknowledged in like manner as a certificate
     6  of designation as herein provided. Service  of  process  upon  any  such
     7  corporation  or  upon  any corporation having a certificate of authority
     8  under section eight hundred five of the limited liability company law or
     9  having authority to do business by virtue of  section  thirteen  hundred
    10  five  of  the  business  corporation law, in any action commenced at any
    11  time pursuant to the provisions of  this  subchapter,  may  be  made  by
    12  either:  (a)  personally delivering to and leaving with the secretary of
    13  state, a deputy secretary of state or with any person authorized by  the
    14  secretary  of  state to receive such service duplicate copies thereof at
    15  the office of the department of state in either the city  of  Albany  or
    16  New  York, in which event the secretary of state shall forthwith send by
    17  registered mail, return receipt requested, one of  such  copies  to  the
    18  corporation  at the address designated by it or at its last known office
    19  address within or without the state, or (b) personally delivering to and
    20  leaving with the secretary of state, a deputy secretary of state or with
    21  any person authorized by the secretary of state to receive such service,
    22  a copy thereof at the office of the department of state  in  either  the
    23  city  of  Albany  or  New  York and by delivering a copy thereof to, and
    24  leaving  such  copy  with,  the  president,  vice-president,  secretary,
    25  assistant  secretary, treasurer, assistant treasurer, or cashier of such
    26  corporation, or the officer  performing  corresponding  functions  under
    27  another  name,  or  a  director  or  managing agent of such corporation,
    28  personally without the state. Proof of such personal service without the
    29  state shall be filed with the clerk of the court in which the action  is
    30  pending within thirty days after such service, and such service shall be
    31  complete ten days after proof thereof is filed.
    32    §  23.  Subdivision  1 of section 11-665 of the administrative code of
    33  the city of New York is amended to read as follows:
    34    1. Every  foreign  corporation  (other  than  a  moneyed  corporation)
    35  subject  to  the  provisions  of  this  subchapter, except a corporation
    36  having authority to do business by virtue of  section  thirteen  hundred
    37  five  of  the  business corporation law, shall file in the department of
    38  state a certificate of designation in its  corporate  name,  signed  and
    39  acknowledged  by  its  president  or  vice-president or its secretary or
    40  treasurer, under its corporate seal, designating the secretary of  state
    41  as  its  agent  upon  whom  process  in  any action provided for by this
    42  subchapter or subchapter five of this chapter may be served within  this
    43  state,  and  setting  forth  an  address to which the secretary of state
    44  shall mail a copy of any such process against the corporation which  may
    45  be  served  upon  the secretary of state.   In case any such corporation
    46  shall have failed to file such certificate of designation, it  shall  be
    47  deemed  to have designated the secretary of state as its agent upon whom
    48  such process against it may be served; and until a certificate of desig-
    49  nation shall have been filed the corporation shall  be  deemed  to  have
    50  directed  the  secretary  of state to mail copies of process served upon
    51  the secretary of state to the  corporation  at  its  last  known  office
    52  address  within  or without the state. When a certificate of designation
    53  has been filed by such corporation the secretary  of  state  shall  mail
    54  copies  of  process thereafter served upon the secretary of state to the
    55  address set forth in such certificate. Any such corporation,  from  time
    56  to  time,  may  change  the  address  to which the secretary of state is

        A. 4281                            13
 
     1  directed to mail copies of process, by  filing  a  certificate  to  that
     2  effect executed, signed and acknowledged in like manner as a certificate
     3  of  designation  as  herein  provided.  Service of process upon any such
     4  corporation  or  upon any corporation having authority to do business by
     5  virtue of section thirteen hundred five of the business corporation law,
     6  in any action commenced at any time pursuant to the provisions  of  this
     7  subchapter  five or former subchapter six of this chapter may be made by
     8  either: (1) personally delivering to and leaving with the  secretary  of
     9  state,  a deputy secretary of state or with any person authorized by the
    10  secretary of state to receive such service duplicate copies  thereof  at
    11  the  office  of  the department of state in either the city of Albany or
    12  New York, in which event the secretary of state shall forthwith send  by
    13  registered  mail,  return  receipt  requested, one of such copies to the
    14  corporation at the address designated by it or at its last known  office
    15  address within or without the state, or (2) personally delivering to and
    16  leaving with the secretary of state, a deputy secretary of state or with
    17  any person authorized by the secretary of state to receive such service,
    18  a  copy  thereof  at the office of the department of state in either the
    19  city of Albany or New York and by delivering a copy hereof to, and leav-
    20  ing such copy with, the president, vice-president, secretary,  assistant
    21  secretary,  treasurer,  assistant  treasurer,  or cashier of such corpo-
    22  ration, or the officer performing corresponding functions under  another
    23  name,  or  a  director or managing agent of such corporation, personally
    24  without the state. Proof of such  personal  service  without  the  state
    25  shall  be filed with the clerk of the court in which the action is pend-
    26  ing within thirty days after such service, and  such  service  shall  be
    27  complete ten days after proof thereof is filed.
    28    §  24.  Subdivision  7  of  section 339-n of the real property law, as
    29  amended by section 53 of part KK of chapter 56 of the laws of  2021,  is
    30  amended to read as follows:
    31    7. A designation of the secretary of state as agent of the corporation
    32  or  board of managers upon whom process against it may be served and the
    33  post office address within or without this state to which the  secretary
    34  of state shall mail a copy of any process against it served upon [him or
    35  her]  the  secretary  of  state.    The designation may include an email
    36  address to which the secretary of state shall email a notice of the fact
    37  that process against it has been electronically served upon [him or her]
    38  the secretary of state.  Service of process on the secretary of state as
    39  agent of such corporation or board of managers  shall  be  made  in  the
    40  manner  provided  by  paragraph  (a)  or (b) of this subdivision. Either
    41  option of service authorized  pursuant  to  this  subdivision  shall  be
    42  available at no extra cost to the consumer. (a) Personally delivering to
    43  and  leaving  with  [him or her or his or her] the secretary of state or
    44  the deputy of the secretary of state, or with any person  authorized  by
    45  the  secretary  of  state  to receive such service, at the office of the
    46  department of state in either the city of Albany or New York,  duplicate
    47  copies of such process together with the statutory fee, which shall be a
    48  taxable disbursement. Service of process on such corporation or board of
    49  managers shall be complete when the secretary of state is so served. The
    50  secretary  of  state shall promptly send one of such copies by certified
    51  mail, return receipt requested, to such corporation or board  of  manag-
    52  ers,  at  the  post  office address, on file in the department of state,
    53  specified for such purpose. (b) Electronically submitting a copy of  the
    54  process  to  the  department  of  state together with the statutory fee,
    55  which fee shall be a taxable disbursement, through an electronic  system
    56  operated  by  the department of state, provided the corporation or board

        A. 4281                            14
 
     1  of managers has an email address on file in the department of  state  to
     2  which the secretary of state shall email a notice of the fact that proc-
     3  ess  against  the corporation or board of managers has been served elec-
     4  tronically  on the secretary of state. Service of process on such corpo-
     5  ration or board of managers shall be  complete  when  the  secretary  of
     6  state  has  reviewed and accepted service of such process. The secretary
     7  of state shall promptly send notice of the fact that  process  has  been
     8  served  electronically  on the secretary of state to such corporation or
     9  board of managers at the email address on  file  in  the  department  of
    10  state,  specified  for  the purpose and shall make a copy of the process
    11  available to such corporation or board  of  managers.  Nothing  in  this
    12  subdivision  shall affect the right to serve process in any other manner
    13  permitted by law.  The corporation or board of managers shall also  file
    14  with  the  secretary of state the name and post office address within or
    15  without this state to which the secretary of state shall mail a copy  of
    16  any  process  against  it  served  upon the secretary of state and shall
    17  update the filing as necessary.
    18    § 25. Subdivision 3 of section 442-g of  the  real  property  law,  as
    19  amended  by  chapter  482  of  the  laws  of 1963, is amended to read as
    20  follows:
    21    3. Service of such process upon the secretary of state shall  be  made
    22  by  personally delivering to and leaving with [him or his] the secretary
    23  of state or the deputy of the secretary of  state  or  with  any  person
    24  authorized  by  the  secretary  of state to receive such service, at the
    25  office of the department of state in either the city of  Albany  or  New
    26  York,  duplicate  copies  of  such  process  together with a fee of five
    27  dollars if the action is solely for the recovery of a sum of  money  not
    28  in  excess  of two hundred dollars and the process is so endorsed, and a
    29  fee of ten dollars in any other action or proceeding, which fee shall be
    30  a taxable disbursement. If such process is served upon behalf of a coun-
    31  ty, city, town or village, or other political subdivision of the  state,
    32  the  fee  to  be  paid  to the secretary of state shall be five dollars,
    33  irrespective of the amount involved or  the  nature  of  the  action  on
    34  account  of which such service of process is made. If the cost of regis-
    35  tered mail for transmitting a copy  of  the  process  shall  exceed  two
    36  dollars,  an  additional  fee  equal to such excess shall be paid at the
    37  time of the service of such process. Proof of service shall be by  affi-
    38  davit  of  compliance with this subdivision filed by or on behalf of the
    39  plaintiff together with the process, within ten days after such service,
    40  with the clerk of the court in which the action or special proceeding is
    41  pending.  Service made as provided in this section shall be complete ten
    42  days after such papers are filed with the clerk of the court  and  shall
    43  have  the same force and validity as if served on [him] the secretary of
    44  state personally within the state and within the  territorial  jurisdic-
    45  tion of the court from which the process issues.
    46    §  26.  Subdivision  2  of section 250 of the general business law, as
    47  amended by chapter 103 of the laws  of  1981,  is  amended  to  read  as
    48  follows:
    49    2.  A  summons in an action described in this section may issue in any
    50  court in the state having jurisdiction of  the  subject  matter  and  be
    51  served as hereinafter provided. Service of such summons shall be made by
    52  mailing  a  copy thereof to the office of the secretary of state [at his
    53  office] in either the city of Albany  or  New  York,  or  by  personally
    54  delivering  a  copy  thereof  to  one of [his] the regularly established
    55  offices, with a fee of ten dollars, and such service shall be sufficient
    56  service upon such nonresident provided that notice of such service and a

        A. 4281                            15
 
     1  copy of the summons and complaint are forthwith sent by or on behalf  of
     2  the  plaintiff  to  the defendant by registered mail with return receipt
     3  requested. The plaintiff shall file with the clerk of the court in which
     4  the  action  is  pending,  or with the judge or justice of such court in
     5  case there be no clerk, an affidavit of compliance herewith, a  copy  of
     6  the  summons and complaint, and either a return receipt purporting to be
     7  signed by the defendant or a  person  qualified  to  receive  [his]  the
     8  defendant's registered mail, in accordance with the rules and customs of
     9  the post office department; or, if acceptance was refused by the defend-
    10  ant  or  [his]  the  defendant's  agent, the original envelope bearing a
    11  notation by the postal authorities that  receipt  was  refused,  and  an
    12  affidavit  by  or on behalf of the plaintiff that notice of such mailing
    13  and refusal was forthwith sent to the defendant by ordinary mail.  Where
    14  the  summons is mailed to a foreign country, other official proof of the
    15  delivery of the mail may be filed in case the post office department  is
    16  unable  to  obtain  such a return receipt. The foregoing papers shall be
    17  filed within thirty days after the  return  receipt  or  other  official
    18  proof  of  delivery  or  the  original  envelope  bearing  a notation of
    19  refusal, as the case may be, is received by the  plaintiff.  Service  of
    20  process shall be complete when such papers are filed. The return receipt
    21  or  other  official  proof  of  delivery  shall  constitute  presumptive
    22  evidence that the summons mailed was received  by  the  defendant  or  a
    23  person  qualified  to receive [his] the defendant's registered mail; and
    24  the notation of refusal shall constitute presumptive evidence  that  the
    25  refusal  was by the defendant or [his] the defendant's agent. Service of
    26  such summons also may be made by mailing a copy thereof to the office of
    27  the secretary of state [at his office] in either the city of  Albany  or
    28  New York, or by personally delivering a copy thereof to one of [his] the
    29  regularly  established offices, with a fee of ten dollars, and by deliv-
    30  ering a duplicate copy thereof, with a complaint annexed thereto, to the
    31  defendant personally without the state by a resident or citizen  of  the
    32  state of New York or a sheriff, under-sheriff, deputy-sheriff or consta-
    33  ble  of  the county or other political subdivision in which the personal
    34  service is made, or an officer authorized by the laws of this state,  to
    35  take acknowledgments of deeds to be recorded in this state, or an attor-
    36  ney and/or counselor at law, solicitor, advocate or barrister duly qual-
    37  ified to practice in the state or country where such service is made, or
    38  by  a  United  States  marshal or deputy United States marshal. Proof of
    39  personal service without the state shall be filed with the clerk of  the
    40  court  in  which  the  action  is  pending within thirty days after such
    41  service. Personal service without the state is complete when proof ther-
    42  eof is filed. The court in which the action is pending  may  order  such
    43  extensions as may be necessary to afford the defendant reasonable oppor-
    44  tunity to defend the action.
    45    §  27.  Subdivision 2 of section 352-b of the general business law, as
    46  amended by chapter 252 of the laws  of  1983,  is  amended  to  read  as
    47  follows:
    48    2.  Service  of such process upon the secretary of state shall be made
    49  by personally delivering to and leaving  with  [him]  the  secretary  of
    50  state or a deputy secretary of state a copy thereof at the office of the
    51  department  of  state in either the city of Albany or New York, and such
    52  service shall be sufficient service provided that notice of such service
    53  and a copy of such process are forthwith sent by the attorney general to
    54  such person, partnership, corporation, company, trust or association, by
    55  registered or certified mail with return receipt requested, at  [his  or
    56  its]  the addressee's office as set forth in the "broker-dealer's state-

        A. 4281                            16
 
     1  ment", "salesman's statement" or "investment advisor's statement"  filed
     2  in  the department of law pursuant to section three hundred fifty-nine-e
     3  or section three hundred fifty-nine-eee of this article, or  in  default
     4  of the filing of such statement, at the last address known to the attor-
     5  ney general. Service of such process shall be complete on receipt by the
     6  attorney  general  of  a  return  receipt purporting to be signed by the
     7  addressee or a person qualified to receive [his or its] the  addressee's
     8  registered  or  certified mail, in accordance with the rules and customs
     9  of the post office department, or, if  acceptance  was  refused  by  the
    10  addressee or [his or its] the addressee's agent, on return to the attor-
    11  ney  general  of  the original envelope bearing a notation by the postal
    12  authorities that receipt thereof was refused.
    13    § 28. Subdivision 2 of section 48 of the navigation law, as amended by
    14  chapter 166 of the laws of 1991, is amended to read as follows:
    15    2. A summons in an action described in this section may issue  in  any
    16  court  in  the  state  having  jurisdiction of the subject matter and be
    17  served as hereinafter provided. Service of such summons shall be made by
    18  mailing a copy thereof to the office of the secretary of state at  [his]
    19  the office of the secretary of state in either the city of Albany or New
    20  York,  or  by  personally  delivering a copy thereof to one of [his] the
    21  regularly established offices, with a  fee  of  ten  dollars,  and  such
    22  service shall be sufficient service upon such non-resident provided that
    23  notice  of  such  service  and  a  copy of the summons and complaint are
    24  forthwith sent by or on behalf of the  plaintiff  to  the  defendant  by
    25  registered  mail with return receipt requested. The plaintiff shall file
    26  with the clerk of the court in which the action is pending, or with  the
    27  judge  or  justice of such court in case there be no clerk, an affidavit
    28  of compliance herewith, a copy of the summons and complaint, and  either
    29  a  return  receipt  purporting to be signed by the defendant or a person
    30  qualified to receive [his] the defendant's registered mail,  in  accord-
    31  ance  with the rules [an] and customs of the post-office department; or,
    32  if acceptance was refused by the defendant  or  [his]  such  defendant's
    33  agent,  the  original envelope bearing a notation by the postal authori-
    34  ties that receipt was refused, and an affidavit by or on behalf  of  the
    35  plaintiff  that notice of such mailing and refusal was forthwith sent to
    36  the defendant by ordinary mail. Where the summons is mailed to a foreign
    37  country, other official proof of the delivery of the mail may  be  filed
    38  in  case  the  post-office  department is unable to obtain such a return
    39  receipt. The foregoing papers shall be filed within  thirty  days  after
    40  the  return  receipt or other official proof of delivery or the original
    41  envelope bearing a notation of refusal, as the case may be, is  received
    42  by  the  plaintiff.  Service of process shall be complete ten days after
    43  such papers are filed. The return receipt or  other  official  proof  of
    44  delivery  shall  constitute presumptive evidence that the summons mailed
    45  was received by the defendant or a person qualified to receive [his] the
    46  defendant's registered mail; and the notation or refusal  shall  consti-
    47  tute presumptive evidence that the refusal was by the defendant or [his]
    48  the defendant's agent. Service of such summons also may be made by mail-
    49  ing  a  copy  thereof  to  the office of the secretary of state [at this
    50  office] in either the city of Albany  or  New  York,  or  by  personally
    51  delivering  a  copy  thereof  to  one of [his] the regularly established
    52  offices, with a fee of ten dollars, and by delivering a  duplicate  copy
    53  thereof, with the complaint annexed thereto, to the defendant personally
    54  without the state by a resident or citizen of the state of New York or a
    55  sheriff,  under-sheriff,  deputy-sheriff  or  constable of the county or
    56  other political subdivision in which the personal service is made, or an

        A. 4281                            17
 
     1  officer authorized by the laws of this state, to  take  acknowledgements
     2  of  deeds  to be recorded in this state, or an attorney and/or counselor
     3  at law, solicitor, advocate or barrister duly qualified to  practice  in
     4  the  state  or country where such service is made, or by a United States
     5  marshal or deputy United States marshal. Proof of personal service with-
     6  out the state shall be filed with the clerk of the court  in  which  the
     7  action  is  pending  within  thirty  days  after  such service. Personal
     8  service without the state is complete ten days after  proof  thereof  is
     9  filed.  The  court  in which the action is pending may order such exten-
    10  sions as may be necessary to afford the defendant reasonable opportunity
    11  to defend the action.
    12    Nothing herein shall  be  construed  as  affecting  other  methods  of
    13  service of process against non-residents as provided by law.
    14    § 29. Subdivision 2 of section 74 of the navigation law, as amended by
    15  chapter 395 of the laws of 1963, is amended to read as follows:
    16    2.  A summons and complaint in an action described in this section may
    17  issue in any court in the  state  having  jurisdiction  of  the  subject
    18  matter  and  be  served as hereinafter provided. Service of such summons
    19  and complaint shall be made by mailing a copy thereof to the  office  of
    20  the  secretary  of state [at his office] in either the city of Albany or
    21  New York, or by personally delivering a copy thereof to one of [his] the
    22  regularly established offices, with a fee  of  five  dollars,  and  such
    23  service shall be sufficient service upon such non-resident provided that
    24  notice  of  such  service  and  a  copy of the summons and complaint are
    25  forthwith sent by or on behalf of the  plaintiff  to  the  defendant  by
    26  registered  mail with return receipt requested. The plaintiff shall file
    27  with the clerk of the court in which the action is pending, or with  the
    28  judge  or  justice of such court in case there be no clerk, an affidavit
    29  of compliance herewith, a copy of the summons and complaint, and  either
    30  a  return  receipt  purporting to be signed by the defendant or a person
    31  qualified to receive [his] the defendant's registered mail,  in  accord-
    32  ance  with  the  rules and customs of the post office department; or, if
    33  acceptance was refused by the defendant or [his] the defendant's  agent,
    34  the  original envelope bearing a notation by the postal authorities that
    35  receipt was refused, and an affidavit by or on behalf of  the  plaintiff
    36  that  notice  of  such  mailing  and  refusal  was forthwith sent to the
    37  defendant by ordinary mail. Where the summons is  mailed  to  a  foreign
    38  country,  other  official proof of the delivery of the mail may be filed
    39  in case the post-office department is unable to  obtain  such  a  return
    40  receipt.  The  foregoing  papers shall be filed within thirty days after
    41  the return receipt or other official proof of delivery or  the  original
    42  envelope  bearing a notation of refusal, as the case may be, is received
    43  by the plaintiff. Service of process shall be complete when such  papers
    44  are  filed. The return receipt or other official proof of delivery shall
    45  constitute presumptive evidence that the summons mailed was received  by
    46  the  defendant  or  a  person qualified to receive [his] the defendant's
    47  registered mail; and the notation of refusal shall  constitute  presump-
    48  tive evidence that the refusal was by the defendant or [his] the defend-
    49  ant's  agent. Service of such summons also may be made by mailing a copy
    50  thereof to the office of the secretary of state at [his] the  office  of
    51  the  secretary  of state in either the city of Albany or New York, or by
    52  personally delivering a copy thereof  to  one  of  [his]  the  regularly
    53  established  offices,  with  a  fee of five dollars, and by delivering a
    54  duplicate copy thereof, with  the  complaint  annexed  thereto,  to  the
    55  defendant  personally  without the state by a resident or citizen of the
    56  state of New York or a sheriff, under-sheriff, deputy-sheriff or consta-

        A. 4281                            18

     1  ble of the county or other political subdivision in which  the  personal
     2  service  is made, or an officer authorized by the laws of this state, to
     3  take acknowledgments of deeds to be recorded in this state, or an attor-
     4  ney and/or counselor at law, solicitor, advocate or barrister duly qual-
     5  ified to practice in the state or country where such service is made, or
     6  by  a  United  States  marshal or deputy United States marshal. Proof of
     7  personal service without the state shall be filed with the clerk of  the
     8  court  in  which  the  action  is  pending within thirty days after such
     9  service. Personal service without the state is complete when proof ther-
    10  eof is filed. The court in which the action is pending  may  order  such
    11  extension  as may be necessary to afford the defendant reasonable oppor-
    12  tunity to defend the action.
    13    § 30. Subdivision 2 of section 253 of the vehicle and traffic law,  as
    14  amended  by  chapter  166  of  the  laws  of 1991, is amended to read as
    15  follows:
    16    2. A summons in an action described in this section may issue  in  any
    17  court  in  the  state  having  jurisdiction of the subject matter and be
    18  served as hereinafter provided. Service of such summons shall be made by
    19  mailing a copy thereof to the office of the secretary of state at  [his]
    20  the office of the secretary of state either in the city of Albany or New
    21  York,  or  by  personally  delivering a copy thereof to one of [his] the
    22  regularly established offices, with a  fee  of  ten  dollars,  and  such
    23  service shall be sufficient service upon such non-resident provided that
    24  notice  of  such  service  and  a  copy of the summons and complaint are
    25  forthwith sent by or on behalf of the  plaintiff  to  the  defendant  by
    26  certified  mail  or  registered  mail with return receipt requested. The
    27  plaintiff shall file with the clerk of the court in which the action  is
    28  pending,  or with the judge or justice of such court in case there be no
    29  clerk, an affidavit of compliance herewith, a copy of  the  summons  and
    30  complaint,  and  either  a return receipt purporting to be signed by the
    31  defendant or a person qualified to receive [his] the defendant's  certi-
    32  fied  mail  or registered mail, in accordance with the rules and customs
    33  of the post-office department; or, if  acceptance  was  refused  by  the
    34  defendant  or [his] the defendant's agent, the original envelope bearing
    35  a notation by the postal authorities that receipt was  refused,  and  an
    36  affidavit  by  or on behalf of the plaintiff that notice of such mailing
    37  and refusal was forthwith sent to the defendant by ordinary mail; or, if
    38  the registered or certified letter  was  returned  to  the  post  office
    39  unclaimed,  the  original  envelope  bearing  a  notation  by the postal
    40  authorities of such mailing and return, an affidavit by or on behalf  of
    41  the  plaintiff  that  the  summons was posted again by ordinary mail and
    42  proof of mailing certificate of ordinary  mail.  Where  the  summons  is
    43  mailed to a foreign country, other official proof of the delivery of the
    44  mail may be filed in case the post-office department is unable to obtain
    45  such a return receipt. The foregoing papers shall be filed within thirty
    46  days after the return receipt or other official proof of delivery or the
    47  original  envelope bearing a notation of refusal, as the case may be, is
    48  received by the plaintiff. Service of process  shall  be  complete  when
    49  such  papers  are  filed.  The return receipt or other official proof of
    50  delivery shall constitute presumptive evidence that the  summons  mailed
    51  was received by the defendant or a person qualified to receive [his] the
    52  defendant's  certified  mail  or  registered  mail;  and the notation of
    53  refusal shall constitute presumptive evidence that the  refusal  was  by
    54  the  defendant  or [his] the defendant's agent.  Service of such summons
    55  also may be made by mailing a copy thereof to the office of  the  secre-
    56  tary  of  state  at [his] the office of the secretary of state in either

        A. 4281                            19
 
     1  the city of Albany or New York, or by personally delivering a copy ther-
     2  eof to one of [his] the regularly established offices, with a fee of ten
     3  dollars, and by delivering a duplicate copy thereof with  the  complaint
     4  annexed  thereto,  to  the  defendant  personally without the state by a
     5  resident or citizen of the state of New York or a  sheriff,  under-sher-
     6  iff, deputy-sheriff or constable of the county or other political subdi-
     7  vision  in  which the personal service is made, or an officer authorized
     8  by the laws of this state, to  take  acknowledgements  of  deeds  to  be
     9  recorded  in this state, or an attorney and/or counselor at law, solici-
    10  tor, advocate or barrister duly qualified to practice in  the  state  or
    11  country  where  such  service  is made, or by a United States [marshall]
    12  marshal or deputy United States [marshall] marshal.  Proof  of  personal
    13  service  without the state shall be filed with the clerk of the court in
    14  which the action is pending  within  thirty  days  after  such  service.
    15  Personal  service  without  the  state is complete when proof thereof is
    16  filed. The court in which the action is pending may  order  such  exten-
    17  sions as may be necessary to afford the defendant reasonable opportunity
    18  to defend the action.
    19    §  31.  This  act  shall  take effect on the one hundred eightieth day
    20  after it shall have become a law.
Go to top