LBD01341-01-9
S. 3348 2
ration, to such corporation at the address of its office within this
state on file in the department.
§ 2. The executive law is amended by adding a new section 92-a to read
as follows:
§ 92-A. SERVICE OF PROCESS. IN ANY CASE IN WHICH SERVICE OF PROCESS ON
THE SECRETARY OF STATE AS AGENT OR ATTORNEY OF AN ORGANIZATION, ASSOCI-
ATION, PARTNERSHIP, CORPORATION, COMPANY, TRUST OR OTHER PERSON OR ENTI-
TY IS AUTHORIZED BY LAW AT THE OFFICE OF THE DEPARTMENT OF STATE IN THE
CITY OF ALBANY, SERVICE OF PROCESS ON THE SECRETARY OF STATE MAY BE MADE
BY PERSONAL DELIVERY TO THE SECRETARY OF STATE OR A DEPUTY, OR ANY
PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE SUCH SERVICE, AT
THE OFFICE OF THE DEPARTMENT OF STATE IN THE CITY OF NEW YORK. THE
SECRETARY OF STATE SHALL SO AUTHORIZE APPROPRIATE PERSONS AT SUCH
OFFICE.
§ 3. Subdivision 2 of section 172-c of the executive law, as amended
by chapter 43 of the laws of 2002, is amended to read as follows:
2. Service of such process upon the secretary of state shall be made
by personally delivering to and leaving with the secretary of state or
any person authorized by the secretary of state to accept such service a
copy thereof at the office of the department of state in EITHER the city
of Albany OR NEW YORK, and such service shall be sufficient service
provided that notice of such service and a copy of such process are
forthwith sent by the attorney general or any other party to such chari-
table organization by certified mail with return receipt requested, at
its office as set forth in the registration form required to be filed
with the attorney general pursuant to section one hundred seventy-two of
this article, or in default of the filing of such form, at the last
address known to the attorney general or any other party. Service of
such process shall be complete upon the receipt by the attorney general
or any other party of a return receipt purporting to be signed by the
addressee or a person qualified to receive its certified mail, in
accordance with the rules and customs of the post office department, or,
if acceptance was refused by the addressee or its agent, ten days after
the return to the attorney general or any other party of a notation by
the postal authorities that receipt thereof was refused.
§ 4. Subdivision 2 of section 173-c of the executive law, as amended
by chapter 43 of the laws of 2002, is amended to read as follows:
2. Service of such process or notice upon the secretary of state shall
be made by personally delivering to and leaving with the secretary of
state or any person authorized by the secretary of state to accept such
service a copy thereof at the office of the department of state in
EITHER the city of Albany OR NEW YORK, and such service shall be suffi-
cient service provided that notice of such service and a copy of such
process are forthwith sent by the attorney general or other party as the
case may be to such professional fund raiser, fund raising counsel,
professional solicitor or commercial co-venturer by certified mail with
return receipt requested, at the office address as set forth in the
registration form required to be filed with the attorney general pursu-
ant to sections one hundred seventy-three and one hundred
seventy-three-b of this article, or in default of the filing of such
form, at the last address known to the attorney general or other party.
Service of such process shall be complete ten days after the receipt by
the attorney general or other party of a return receipt purporting to be
signed by the addressee or a person qualified to receive the addressee's
certified mail, in accordance with the rules and customs of the post
office department, or, if acceptance was refused by the addressee or the
S. 3348 3
agent, ten days after the return to the attorney general or other party
of the original envelope bearing a notation by the postal authorities
that receipt thereof was refused.
§ 5. Section 19 of the general associations law, as amended by chapter
166 of the laws of 1991, is amended to read as follows:
§ 19. Service of process. Service of process against an association
upon the secretary of state shall be made by personally delivering to
and leaving with him or a deputy secretary of state or an associate
attorney, senior attorney or attorney in the corporation division of the
department of state, duplicate copies of such process at the office of
the department of state in EITHER the city of Albany OR NEW YORK. At the
time of such service the plaintiff shall pay a fee of forty dollars to
the secretary of state which shall be a taxable disbursement. If the
cost of registered mail for transmitting a copy of the process shall
exceed two dollars, an additional fee equal to such excess shall be paid
at the time of the service of such process. The secretary of state shall
forthwith send by registered mail one of such copies to the association
at the address fixed for that purpose, as herein provided. If the action
or proceeding is instituted in a court of limited jurisdiction, service
of process may be made in the manner provided in this section if the
cause of action arose within the territorial jurisdiction of the court
and the office of the defendant, as set forth in its statement filed
pursuant to section eighteen of this [chapter] ARTICLE, is within such
territorial jurisdiction.
§ 6. Subdivision (b) of section 304 of the limited liability company
law is amended to read as follows:
(b) Service of such process upon the secretary of state shall be made
by personally delivering to and leaving with the secretary of state or
his or her deputy, or with any person authorized by the secretary of
state to receive such service, at the office of the department of state
in EITHER the city of Albany OR NEW YORK, a copy of such process togeth-
er with the statutory fee, which fee shall be a taxable disbursement.
§ 7. Paragraph (b) of section 306 of the not-for-profit corporation
law, as amended by chapter 23 of the laws of 2014, is amended to read as
follows:
(b) Service of process on the secretary of state as agent of a domes-
tic corporation formed under article four of this chapter or an author-
ized foreign corporation shall be made by personally delivering to and
leaving with the secretary of state or his or her deputy, or with any
person authorized by the secretary of state to receive such service, at
the office of the department of state in EITHER the city of Albany OR
NEW YORK, duplicate copies of such process together with the statutory
fee, which fee shall be a taxable disbursement. Service of process on
such corporation shall be complete when the secretary of state is so
served. The secretary of state shall promptly send one of such copies
by certified mail, return receipt requested, to such corporation, at the
post office address, on file in the department of state, specified for
the purpose. If a domestic corporation formed under article four of this
chapter or an authorized foreign corporation has no such address on file
in the department of state, the secretary of state shall so mail such
copy to such corporation at the address of its office within this state
on file in the department.
§ 8. The opening paragraph of paragraph 2 of subdivision (e) of
section 121-104-A of the partnership law, as added by chapter 448 of the
laws of 1998, is amended to read as follows:
S. 3348 4
Service of such process upon the secretary of state shall be made by
personally delivering to and leaving with him or his deputy, or with any
person authorized by the secretary of state to receive such service, at
the office of the department of state in EITHER the city of Albany OR
NEW YORK, a copy of such process together with the statutory fee, which
fee shall be a taxable disbursement. Such service shall be sufficient if
notice thereof and a copy of the process are:
§ 9. Paragraph 1 of subdivision (a) of section 121-109 of the partner-
ship law, as added by chapter 950 of the laws of 1990, such subdivision
as relettered by chapter 341 of the laws of 1999, is amended to read as
follows:
(1) By personally delivering to and leaving with him or his deputy, or
with any person authorized by the secretary of state to receive such
service, at the office of the department of state in EITHER the city of
Albany OR NEW YORK, duplicate copies of such process together with the
statutory fee, which fee shall be a taxable disbursement.
§ 10. Subdivision (a) of section 121-1505 of the partnership law, as
added by chapter 470 of the laws of 1997, is amended to read as follows:
(a) Service of process on the secretary of state as agent of a regis-
tered limited liability partnership under this article shall be made by
personally delivering to and leaving with the secretary of state or a
deputy, or with any person authorized by the secretary of state to
receive such service, at the office of the department of state in EITHER
the city of Albany OR NEW YORK, duplicate copies of such process togeth-
er with the statutory fee, which fee shall be a taxable disbursement.
Service of process on such registered limited liability partnership
shall be complete when the secretary of state is so served. The secre-
tary of state shall promptly send one of such copies by certified mail,
return receipt requested, to such registered limited liability partner-
ship, at the post office address on file in the department of state
specified for such purpose.
§ 11. The opening paragraph of paragraph 2 of subdivision (f) of
section 121-1506 of the partnership law, as added by chapter 448 of the
laws of 1998, is amended to read as follows:
Service of such process upon the secretary of state shall be made by
personally delivering to and leaving with him or his deputy, or with any
person authorized by the secretary of state to receive such service, at
the office of the department of state in EITHER the city of Albany OR
NEW YORK, a copy of such process together with the statutory fee, which
fee shall be a taxable disbursement. Such service shall be sufficient if
notice thereof and a copy of the process are:
§ 12. Subdivision 2 of section 203 of the tax law, as amended by chap-
ter 100 of the laws of 1964, is amended to read as follows:
2. Every foreign corporation (other than a moneyed corporation)
subject to the provisions of this article, except a corporation having a
certificate of authority under FORMER section two hundred twelve of the
general corporation law or having authority to do business by virtue of
section thirteen hundred five of the business corporation law, shall
file in the department of state a certificate of designation in its
corporate name, signed and acknowledged by its president or a vice-pre-
sident or its secretary or treasurer, under its corporate seal, desig-
nating the secretary of state as its agent upon whom process in any
action provided for by this article may be served within this state, and
setting forth an address to which the secretary of state shall mail a
copy of any such process against the corporation which may be served
upon him. In case any such corporation shall have failed to file such
S. 3348 5
certificate of designation, it shall be deemed to have designated the
secretary of state as its agent upon whom such process against it may be
served; and until a certificate of designation shall have been filed the
corporation shall be deemed to have directed the secretary of state to
mail copies of process served upon him to the corporation at its last
known office address within or without the state. When a certificate of
designation has been filed by such corporation the secretary of state
shall mail copies of process thereafter served upon him to the address
set forth in such certificate. Any such corporation, from time to time,
may change the address to which the secretary of state is directed to
mail copies of process, by filing a certificate to that effect executed,
signed and acknowledged in like manner as a certificate of designation
as herein provided. Service of process upon any such corporation or
upon any corporation having a certificate of authority under FORMER
section two hundred twelve of the general corporation law or having
authority to do business by virtue of section thirteen hundred five of
the business corporation law, in any action commenced at any time pursu-
ant to the provisions of this article, may be made by either (1)
personally delivering to and leaving with the secretary of state, a
deputy secretary of state or with any person authorized by the secretary
of state to receive such service duplicate copies thereof at the office
of the department of state in EITHER the city of Albany OR NEW YORK, in
which event the secretary of state shall forthwith send by registered
mail, return receipt requested, one of such copies to the corporation at
the address designated by it or at its last known office address within
or without the state, or (2) personally delivering to and leaving with
the secretary of state, a deputy secretary of state or with any person
authorized by the secretary of state to receive such service, a copy
thereof at the office of the department of state in EITHER the city of
Albany OR NEW YORK and by delivering a copy thereof to, and leaving such
copy with, the president, vice-president, secretary, assistant secre-
tary, treasurer, assistant treasurer, or cashier of such corporation, or
the officer performing corresponding functions under another name, or a
director or managing agent of such corporation, personally without the
state. Proof of such personal service without the state shall be filed
with the clerk of the court in which the action is pending within thirty
days after such service, and such service shall be complete ten days
after proof thereof is filed.
§ 13. Section 216 of the tax law, as added by chapter 415 of the laws
of 1944, the opening paragraph as amended by chapter 100 of the laws of
1964 and redesignated by chapter 613 of the laws of 1976, is amended to
read as follows:
§ 216. Collection of taxes. Every foreign corporation (other than a
moneyed corporation) subject to the provisions of this article, except a
corporation having a certificate of authority under FORMER section two
hundred twelve of the general corporation law or having authority to do
business by virtue of section thirteen hundred five of the business
corporation law, shall file in the department of state a certificate of
designation in its corporate name, signed and acknowledged by its presi-
dent or a vice-president or its secretary or treasurer, under its corpo-
rate seal, designating the secretary of state as its agent upon whom
process in any action provided for by this article may be served within
this state, and setting forth an address to which the secretary of state
shall mail a copy of any such process against the corporation which may
be served upon him. In case any such corporation shall have failed to
file such certificate of designation, it shall be deemed to have desig-
S. 3348 6
nated the secretary of state as its agent upon whom such process against
it may be served; and until a certificate of designation shall have been
filed the corporation shall be deemed to have directed the secretary of
state to mail copies of process served upon him to the corporation at
its last known office address within or without the state. When a
certificate of designation has been filed by such corporation the secre-
tary of state shall mail copies of process thereafter served upon him to
the address set forth in such certificate. Any such corporation, from
time to time, may change the address to which the secretary of state is
directed to mail copies of process, by filing a certificate to that
effect executed, signed and acknowledged in like manner as a certificate
of designation as herein provided. Service of process upon any such
corporation or upon any corporation having a certificate of authority
under FORMER section two hundred twelve of the general corporation law
or having authority to do business by virtue of section thirteen hundred
five of the business corporation law, in any action commenced at any
time pursuant to the provisions of this article, may be made by either
(1) personally delivering to and leaving with the secretary of state, a
deputy secretary of state or with any person authorized by the secretary
of state to receive such service duplicate copies thereof at the office
of the department of state in EITHER the city of Albany OR NEW YORK, in
which event the secretary of state shall forthwith send by registered
mail, return receipt requested, one of such copies to the corporation at
the address designated by it or at its last known office address within
or without the state, or (2) personally delivering to and leaving with
the secretary of state, a deputy secretary of state or with any person
authorized by the secretary of state to receive such service, a copy
thereof at the office of the department of state in EITHER the city of
Albany OR NEW YORK and by delivering a copy thereof to, and leaving such
copy with, the president, vice-president, secretary, assistant secre-
tary, treasurer, assistant treasurer, or cashier of such corporation, or
the officer performing corresponding functions under another name, or a
director or managing agent of such corporation, personally without the
state. Proof of such personal service without the state shall be filed
with the clerk of the court in which the action is pending within thirty
days after such service, and such service shall be complete ten days
after proof thereof is filed.
§ 14. Subdivision (b) of section 310 of the tax law, as added by chap-
ter 400 of the laws of 1983, is amended to read as follows:
(b) Service of process.--Service of process upon any petroleum busi-
ness which is a corporation (including any such petroleum business
having a certificate of authority under FORMER section two hundred
twelve of the general corporation law or having authority to do business
by virtue of section thirteen hundred five of the business corporation
law), in any action commenced at any time pursuant to the provisions of
this article, may be made by either (1) personally delivering to and
leaving with the secretary of state, a deputy secretary of state or with
any person authorized by the secretary of state to receive such service
duplicate copies thereof at the office of the department of state in
EITHER the city of Albany OR NEW YORK, in which event the secretary of
state shall forthwith send by registered mail, return receipt requested,
one of such copies to such petroleum business at the address designated
by it or at its last known office address within or without the state,
or (2) personally delivering to and leaving with the secretary of state,
a deputy secretary of state or with any person authorized by the secre-
tary of state to receive such service, a copy thereof at the office of
S. 3348 7
the department of state in EITHER the city of Albany OR NEW YORK and by
delivering a copy thereof to, and leaving such copy with, the president,
vice-president, secretary, assistant secretary, treasurer, assistant
treasurer, or cashier of such petroleum business, or the officer
performing corresponding functions under another name, or a director or
managing agent of such petroleum business, personally without the state.
Proof of such personal service without the state shall be filed with the
clerk of the court in which the action is pending within thirty days
after such service, and such service shall be complete ten days after
proof thereof is filed.
§ 15. Subdivision 5 of section 511 of the tax law, as amended by
section 7 of part E of chapter 60 of the laws of 2007, is amended to
read as follows:
5. The operation by a nonresident of a vehicular unit in this state or
the operation in this state of a motor vehicle, trailer, semi-trailer,
dolly or other device owned by a nonresident shall be deemed equivalent
to an appointment by such nonresident of the secretary of state to be
his true and lawful attorney upon whom may be served the process in any
action or proceeding against him growing out of any liability for fees,
taxes, penalties or interest under this article and such operation shall
be deemed a signification of his agreement that any such process against
him which is so served shall be of the same legal force and validity as
if served on him personally within the state and within the territorial
jurisdiction of the court from which the process issues. Service of
process shall be made by either (1) personally delivering to and leaving
with the secretary of state or a deputy secretary of state duplicate
copies thereof at the office of the department of state in EITHER the
city of Albany OR NEW YORK, in which event the secretary of state shall
forthwith send by registered mail one of such copies to the person at
the address designated by him in his application for a certificate of
registration under this article or in the last return filed by him under
this article or as shown on the records of the commissioner, or if no
application has been filed, at his last known office address within or
without the state, or (2) personally delivering to and leaving with the
secretary of state or a deputy secretary of state a copy thereof at the
office of the department of state in EITHER the city of Albany OR NEW
YORK and by delivering a copy thereof to the person, personally without
the state. Proof of such personal service without the state shall be
filed with the clerk of the court in which the process is pending within
thirty days after such service and such service shall be complete ten
days after proof thereof is filed.
§ 16. The opening paragraph of paragraph 2 of subdivision (e) of
section 301-A of the limited liability company law, as added by chapter
448 of the laws of 1998, is amended to read as follows:
Service of such process upon the secretary of state shall be made by
personally delivering to and leaving with him or his deputy, or with any
person authorized by the secretary of state to receive such service, at
the office of the department of state in EITHER the city of Albany OR
NEW YORK, a copy of such process together with the statutory fee, which
fee shall be a taxable disbursement. Such service shall be sufficient if
notice thereof and a copy of the process are:
§ 17. Subdivision (a) of section 303 of the limited liability company
law, as relettered by chapter 341 of the laws of 1999, is amended to
read as follows:
(a) Service of process on the secretary of state as agent of a domes-
tic limited liability company or authorized foreign limited liability
S. 3348 8
company shall be made by personally delivering to and leaving with the
secretary of state or his or her deputy, or with any person authorized
by the secretary of state to receive such service, at the office of the
department of state in EITHER the city of Albany OR NEW YORK, duplicate
copies of such process together with the statutory fee, which fee shall
be a taxable disbursement. Service of process on such limited liability
company shall be complete when the secretary of state is so served. The
secretary of state shall promptly send one of such copies by certified
mail, return receipt requested, to such limited liability company at the
post office address on file in the department of state specified for
that purpose.
§ 18. The opening paragraph of paragraph (b) of section 307 of the
not-for-profit corporation law is amended to read as follows:
Service of such process upon the secretary of state shall be made by
personally delivering to and leaving with him or his deputy, or with any
person authorized by the secretary of state to receive such service, at
the office of the department of state in EITHER the city of Albany OR
NEW YORK, a copy of such process together with the statutory fee, which
fee shall be a taxable disbursement. Such service shall be sufficient if
notice thereof and a copy of the process are:
§ 19. The opening paragraph of paragraph 2 of subdivision (e) of
section 306-a of the business corporation law, as added by chapter 469
of the laws of 1997, is amended to read as follows:
Service of such process upon the secretary of state shall be made by
personally delivering to and leaving with him or his deputy, or with any
person authorized by the secretary of state to receive such service, at
the office of the department of state in EITHER the city of Albany OR
NEW YORK, a copy of such process together with the statutory fee, which
fee shall be a taxable disbursement. Such service shall be sufficient if
notice thereof and a copy of the process are:
§ 20. The opening paragraph of subdivision (b) of section 307 of the
business corporation law is amended to read as follows:
Service of such process upon the secretary of state shall be made by
personally delivering to and leaving with him or his deputy, or with any
person authorized by the secretary of state to receive such service, at
the office of the department of state in EITHER the city of Albany OR
NEW YORK, a copy of such process together with the statutory fee, which
fee shall be a taxable disbursement. Such service shall be sufficient if
notice thereof and a copy of the process are:
§ 21. Section 11-609 of the administrative code of the city of New
York is amended to read as follows:
§ 11-609 Collection of taxes. Every foreign corporation (other than a
moneyed corporation) subject to the provisions of this subchapter,
except a corporation having authority to do business by virtue of
section thirteen hundred five of the business corporation law, shall
file in the department of state a certificate of designation in its
corporate name, signed and acknowledged by its president or a vice-pre-
sident or its secretary or treasurer, under its corporate seal, desig-
nating the secretary of state as its agent upon whom process in any
action provided for by this subchapter may be served within this state,
and setting forth an address to which the secretary of state shall mail
a copy of any such process against the corporation which may be served
upon the secretary of state. In case any such corporation shall have
failed to file such certificate of designation, it shall be deemed to
have designated the secretary of state as its agent upon whom such proc-
ess against it may be served; and until a certificate of designation
S. 3348 9
shall have been filed the corporation shall be deemed to have directed
the secretary of state to mail copies of process served upon him or her
to the corporation at its last known office address within or without
the state. When a certificate of designation has been filed by such
corporation the secretary of state shall mail copies of process there-
after served upon the secretary of state to the address set forth in
such certificate. Any such corporation, from time to time, may change
the address to which the secretary of state is directed to mail copies
of process, by filing a certificate to that effect executed, signed and
acknowledged in like manner as a certificate of designation as herein
provided. Service of process upon any such corporation or upon any
corporation having a certificate of authority under FORMER section two
hundred twelve of the general corporation law or having authority to do
business by virtue of section thirteen hundred five of the business
corporation law, in any action commenced at any time pursuant to the
provisions of this subchapter, may be made by either: (a) personally
delivering to and leaving with the secretary of state, a deputy secre-
tary of state or with any person authorized by the secretary of state to
receive such service duplicate copies thereof at the office of the
department of state in EITHER the city of Albany OR NEW YORK, in which
event the secretary of state shall forthwith send by registered mail,
return receipt requested, one of such copies to the corporation at the
address designated by it or at its last known office address within or
without the state, or (b) personally delivering to and leaving with the
secretary of state, a deputy secretary of state or with any person
authorized by the secretary of state to receive such service, a copy
thereof at the office of the department of state in EITHER the city of
Albany OR NEW YORK and by delivering a copy thereof to, and leaving such
copy with, the president, vice-president, secretary, assistant secre-
tary, treasurer, assistant treasurer, or cashier of such corporation, or
the officer performing corresponding functions under another name, or a
director or managing agent of such corporation, personally without the
state. Proof of such personal service without the state shall be filed
with the clerk of the court in which the action is pending within thirty
days after such service, and such service shall be complete ten days
after proof thereof is filed.
§ 22. Section 11-659 of the administrative code of the city of New
York, as added by section 1 of part D of chapter 60 of the laws of 2015,
is amended to read as follows:
§ 11-659 Collection of taxes. Every foreign corporation (other than a
moneyed corporation) subject to the provisions of this subchapter,
except a corporation having authority to do business by virtue of
section thirteen hundred five of the business corporation law, shall
file in the department of state a certificate of designation in its
corporate name, signed and acknowledged by its president or a vice-pre-
sident or its secretary or treasurer, under its corporate seal, desig-
nating the secretary of state as its agent upon whom process in any
action provided for by this subchapter may be served within this state,
and setting forth an address to which the secretary of state shall mail
a copy of any such process against the corporation which may be served
upon the secretary of state. In case any such corporation shall have
failed to file such certificate of designation, it shall be deemed to
have designated the secretary of state as its agent upon whom such proc-
ess against it may be served; and until a certificate of designation
shall have been filed the corporation shall be deemed to have directed
the secretary of state to mail copies of process served upon him or her
S. 3348 10
to the corporation at its last known office address within or without
the state. When a certificate of designation has been filed by such
corporation the secretary of state shall mail copies of process there-
after served upon the secretary of state to the address set forth in
such certificate. Any such corporation, from time to time, may change
the address to which the secretary of state is directed to mail copies
of process, by filing a certificate to that effect executed, signed and
acknowledged in like manner as a certificate of designation as herein
provided. Service of process upon any such corporation or upon any
corporation having a certificate of authority under section eight
hundred five of the limited liability company law or having authority to
do business by virtue of section thirteen hundred five of the business
corporation law, in any action commenced at any time pursuant to the
provisions of this subchapter, may be made by either: (a) personally
delivering to and leaving with the secretary of state, a deputy secre-
tary of state or with any person authorized by the secretary of state to
receive such service duplicate copies thereof at the office of the
department of state in EITHER the city of Albany OR NEW YORK, in which
event the secretary of state shall forthwith send by registered mail,
return receipt requested, one of such copies to the corporation at the
address designated by it or at its last known office address within or
without the state, or (b) personally delivering to and leaving with the
secretary of state, a deputy secretary of state or with any person
authorized by the secretary of state to receive such service, a copy
thereof at the office of the department of state in EITHER the city of
Albany OR NEW YORK and by delivering a copy thereof to, and leaving such
copy with, the president, vice-president, secretary, assistant secre-
tary, treasurer, assistant treasurer, or cashier of such corporation, or
the officer performing corresponding functions under another name, or a
director or managing agent of such corporation, personally without the
state. Proof of such personal service without the state shall be filed
with the clerk of the court in which the action is pending within thirty
days after such service, and such service shall be complete ten days
after proof thereof is filed.
§ 23. Subdivision 1 of section 11-665 of the administrative code of
the city of New York is amended to read as follows:
1. Every foreign corporation (other than a moneyed corporation)
subject to the provisions of this subchapter, except a corporation
having authority to do business by virtue of section thirteen hundred
five of the business corporation law, shall file in the department of
state a certificate of designation in its corporate name, signed and
acknowledged by its president or vice-president or its secretary or
treasurer, under its corporate seal, designating the secretary of state
as its agent upon whom process in any action provided for by this
subchapter or subchapter five of this chapter may be served within this
state, and setting forth an address to which the secretary of state
shall mail a copy of any such process against the corporation which may
be served upon the secretary of state. In case any such corporation
shall have failed to file such certificate of designation, it shall be
deemed to have designated the secretary of state as its agent upon whom
such process against it may be served; and until a certificate of desig-
nation shall have been filed the corporation shall be deemed to have
directed the secretary of state to mail copies of process served upon
the secretary of state to the corporation at its last known office
address within or without the state. When a certificate of designation
has been filed by such corporation the secretary of state shall mail
S. 3348 11
copies of process thereafter served upon the secretary of state to the
address set forth in such certificate. Any such corporation, from time
to time, may change the address to which the secretary of state is
directed to mail copies of process, by filing a certificate to that
effect executed, signed and acknowledged in like manner as a certificate
of designation as herein provided. Service of process upon any such
corporation or upon any corporation having authority to do business by
virtue of section thirteen hundred five of the business corporation law,
in any action commenced at any time pursuant to the provisions of this
subchapter five or FORMER subchapter six of this chapter may be made by
either: (1) personally delivering to and leaving with the secretary of
state, a deputy secretary of state or with any person authorized by the
secretary of state to receive such service duplicate copies thereof at
the office of the department of state in EITHER the city of Albany OR
NEW YORK, in which event the secretary of state shall forthwith send by
registered mail, return receipt requested, one of such copies to the
corporation at the address designated by it or at its last known office
address within or without the state, or (2) personally delivering to and
leaving with the secretary of state, a deputy secretary of state or with
any person authorized by the secretary of state to receive such service,
a copy thereof at the office of the department of state in EITHER the
city of Albany OR NEW YORK and by delivering a copy hereof to, and leav-
ing such copy with, the president, vice-president, secretary, assistant
secretary, treasurer, assistant treasurer, or cashier of such corpo-
ration, or the officer performing corresponding functions under another
name, or a director or managing agent of such corporation, personally
without the state. Proof of such personal service without the state
shall be filed with the clerk of the court in which the action is pend-
ing within thirty days after such service, and such service shall be
complete ten days after proof thereof is filed.
§ 24. Subdivision 7 of section 339-n of the real property law, as
amended by chapter 346 of the laws of 1997, is amended to read as
follows:
7. A designation of the secretary of state as agent of the corporation
or board of managers upon whom process against it may be served.
Service of process on the secretary of state as agent of such corpo-
ration or board of managers shall be made personally delivering to and
leaving with him or her or his or her deputy, or with any person author-
ized by the secretary of state to receive such service, at the office of
the department of state in EITHER the city of Albany OR NEW YORK, dupli-
cate copies of such process together with the statutory fee, which shall
be a taxable disbursement. Service of process on such corporation or
board of managers shall be complete when the secretary of state is so
served. The secretary of state shall promptly send one of such copies by
certified mail, return receipt requested, to such corporation or board
of managers, at the post office address, on file in the department of
state, specified for such purpose. Nothing in this subdivision shall
affect the right to serve process in any other manner permitted by law.
The corporation or board of managers shall also file with the secretary
of state the name and post office address within or without this state
to which the secretary of state shall mail a copy of any process against
it served upon the secretary of state and shall update the filing as
necessary.
§ 25. Subdivision 3 of section 442-g of the real property law, as
amended by chapter 482 of the laws of 1963, is amended to read as
follows:
S. 3348 12
3. Service of such process upon the secretary of state shall be made
by personally delivering to and leaving with him or his deputy or with
any person authorized by the secretary of state to receive such service,
at the office of the department of state in EITHER the city of Albany OR
NEW YORK, duplicate copies of such process together with a fee of five
dollars if the action is solely for the recovery of a sum of money not
in excess of two hundred dollars and the process is so endorsed, and a
fee of ten dollars in any other action or proceeding, which fee shall be
a taxable disbursement. If such process is served upon behalf of a coun-
ty, city, town or village, or other political subdivision of the state,
the fee to be paid to the secretary of state shall be five dollars,
irrespective of the amount involved or the nature of the action on
account of which such service of process is made. If the cost of regis-
tered mail for transmitting a copy of the process shall exceed two
dollars, an additional fee equal to such excess shall be paid at the
time of the service of such process. Proof of service shall be by affi-
davit of compliance with this subdivision filed by or on behalf of the
plaintiff together with the process, within ten days after such service,
with the clerk of the court in which the action or special proceeding is
pending. Service made as provided in this section shall be complete ten
days after such papers are filed with the clerk of the court and shall
have the same force and validity as if served on him personally within
the state and within the territorial jurisdiction of the court from
which the process issues.
§ 26. Subdivision 2 of section 250 of the general business law, as
amended by chapter 103 of the laws of 1981, is amended to read as
follows:
2. A summons in an action described in this section may issue in any
court in the state having jurisdiction of the subject matter and be
served as hereinafter provided. Service of such summons shall be made by
mailing a copy thereof to the OFFICE OF THE secretary of state [at his
office] in EITHER the city of Albany OR NEW YORK, or by personally
delivering a copy thereof to one of his regularly established offices,
with a fee of ten dollars, and such service shall be sufficient service
upon such nonresident provided that notice of such service and a copy of
the summons and complaint are forthwith sent by or on behalf of the
plaintiff to the defendant by registered mail with return receipt
requested. The plaintiff shall file with the clerk of the court in which
the action is pending, or with the judge or justice of such court in
case there be no clerk, an affidavit of compliance herewith, a copy of
the summons and complaint, and either a return receipt purporting to be
signed by the defendant or a person qualified to receive his registered
mail, in accordance with the rules and customs of the post office
department; or, if acceptance was refused by the defendant or his agent,
the original envelope bearing a notation by the postal authorities that
receipt was refused, and an affidavit by or on behalf of the plaintiff
that notice of such mailing and refusal was forthwith sent to the
defendant by ordinary mail. Where the summons is mailed to a foreign
country, other official proof of the delivery of the mail may be filed
in case the post office department is unable to obtain such a return
receipt. The foregoing papers shall be filed within thirty days after
the return receipt or other official proof of delivery or the original
envelope bearing a notation of refusal, as the case may be, is received
by the plaintiff. Service of process shall be complete when such papers
are filed. The return receipt or other official proof of delivery shall
constitute presumptive evidence that the summons mailed was received by
S. 3348 13
the defendant or a person qualified to receive his registered mail; and
the notation of refusal shall constitute presumptive evidence that the
refusal was by the defendant or his agent. Service of such summons also
may be made by mailing a copy thereof to the OFFICE OF THE secretary of
state [at his office] in EITHER the city of Albany OR NEW YORK, or by
personally delivering a copy thereof to one of his regularly established
offices, with a fee of ten dollars, and by delivering a duplicate copy
thereof, with a complaint annexed thereto, to the defendant personally
without the state by a resident or citizen of the state of New York or a
sheriff, under-sheriff, deputy-sheriff or constable of the county or
other political subdivision in which the personal service is made, or an
officer authorized by the laws of this state, to take acknowledgments of
deeds to be recorded in this state, or an attorney and/or counselor at
law, solicitor, advocate or barrister duly qualified to practice in the
state or country where such service is made, or by a United States
marshal or deputy United States marshal. Proof of personal service with-
out the state shall be filed with the clerk of the court in which the
action is pending within thirty days after such service. Personal
service without the state is complete when proof thereof is filed. The
court in which the action is pending may order such extensions as may be
necessary to afford the defendant reasonable opportunity to defend the
action.
§ 27. Subdivision 2 of section 352-b of the general business law, as
amended by chapter 252 of the laws of 1983, is amended to read as
follows:
2. Service of such process upon the secretary of state shall be made
by personally delivering to and leaving with him or a deputy secretary
of state a copy thereof at the office of the department of state in
EITHER the city of Albany OR NEW YORK, and such service shall be suffi-
cient service provided that notice of such service and a copy of such
process are forthwith sent by the attorney general to such person, part-
nership, corporation, company, trust or association, by registered or
certified mail with return receipt requested, at his or its office as
set forth in the "broker-dealer's statement", "salesman's statement" or
"investment advisor's statement" filed in the department of law pursuant
to section three hundred fifty-nine-e or section three hundred fifty-
nine-eee of this article, or in default of the filing of such statement,
at the last address known to the attorney general. Service of such proc-
ess shall be complete on receipt by the attorney general of a return
receipt purporting to be signed by the addressee or a person qualified
to receive his or its registered or certified mail, in accordance with
the rules and customs of the post office department, or, if acceptance
was refused by the addressee or his or its agent, on return to the
attorney general of the original envelope bearing a notation by the
postal authorities that receipt thereof was refused.
§ 28. Subdivision 2 of section 48 of the navigation law, as amended by
chapter 166 of the laws of 1991, is amended to read as follows:
2. A summons in an action described in this section may issue in any
court in the state having jurisdiction of the subject matter and be
served as hereinafter provided. Service of such summons shall be made by
mailing a copy thereof to the OFFICE OF THE secretary of state [at his
office] in EITHER the city of Albany OR NEW YORK, or by personally
delivering a copy thereof to one of his regularly established offices,
with a fee of ten dollars, and such service shall be sufficient service
upon such non-resident provided that notice of such service and a copy
of the summons and complaint are forthwith sent by or on behalf of the
S. 3348 14
plaintiff to the defendant by registered mail with return receipt
requested. The plaintiff shall file with the clerk of the court in which
the action is pending, or with the judge or justice of such court in
case there be no clerk, an affidavit of compliance herewith, a copy of
the summons and complaint, and either a return receipt purporting to be
signed by the defendant or a person qualified to receive his registered
mail, in accordance with the rules an customs of the post-office depart-
ment; or, if acceptance was refused by the defendant or his agent, the
original envelope bearing a notation by the postal authorities that
receipt was refused, and an affidavit by or on behalf of the plaintiff
that notice of such mailing and refusal was forthwith sent to the
defendant by ordinary mail. Where the summons is mailed to a foreign
country, other official proof of the delivery of the mail may be filed
in case the post-office department is unable to obtain such a return
receipt. The foregoing papers shall be filed within thirty days after
the return receipt or other official proof of delivery or the original
envelope bearing a notation of refusal, as the case may be, is received
by the plaintiff. Service of process shall be complete ten days after
such papers are filed. The return receipt or other official proof of
delivery shall constitute presumptive evidence that the summons mailed
was received by the defendant or a person qualified to receive his
registered mail; and the notation or refusal shall constitute presump-
tive evidence that the refusal was by the defendant or his agent.
Service of such summons also may be made by mailing a copy thereof to
the OFFICE OF THE secretary of state [at this office] in EITHER the city
of Albany OR NEW YORK, or by personally delivering a copy thereof to one
of his regularly established offices, with a fee of ten dollars, and by
delivering a duplicate copy thereof, with the complaint annexed thereto,
to the defendant personally without the state by a resident or citizen
of the state of New York or a sheriff, under-sheriff, deputy-sheriff or
constable of the county or other political subdivision in which the
personal service is made, or an officer authorized by the laws of this
state, to take acknowledgements of deeds to be recorded in this state,
or an attorney and/or counselor at law, solicitor, advocate or barrister
duly qualified to practice in the state or country where such service is
made, or by a United States marshal or deputy United States marshal.
Proof of personal service without the state shall be filed with the
clerk of the court in which the action is pending within thirty days
after such service. Personal service without the state is complete ten
days after proof thereof is filed. The court in which the action is
pending may order such extensions as may be necessary to afford the
defendant reasonable opportunity to defend the action.
Nothing herein shall be construed as affecting other methods of
service of process against non-residents as provided by law.
§ 29. Subdivision 2 of section 74 of the navigation law, as amended by
chapter 395 of the laws of 1963, is amended to read as follows:
2. A summons and complaint in an action described in this section may
issue in any court in the state having jurisdiction of the subject
matter and be served as hereinafter provided. Service of such summons
and complaint shall be made by mailing a copy thereof to the OFFICE OF
THE secretary of state [at his office] in EITHER the city of Albany OR
NEW YORK, or by personally delivering a copy thereof to one of his regu-
larly established offices, with a fee of five dollars, and such service
shall be sufficient service upon such non-resident provided that notice
of such service and a copy of the summons and complaint are forthwith
sent by or on behalf of the plaintiff to the defendant by registered
S. 3348 15
mail with return receipt requested. The plaintiff shall file with the
clerk of the court in which the action is pending, or with the judge or
justice of such court in case there be no clerk, an affidavit of compli-
ance herewith, a copy of the summons and complaint, and either a return
receipt purporting to be signed by the defendant or a person qualified
to receive his registered mail, in accordance with the rules and customs
of the post office department; or, if acceptance was refused by the
defendant or his agent, the original envelope bearing a notation by the
postal authorities that receipt was refused, and an affidavit by or on
behalf of the plaintiff that notice of such mailing and refusal was
forthwith sent to the defendant by ordinary mail. Where the summons is
mailed to a foreign country, other official proof of the delivery of the
mail may be filed in case the post-office department is unable to obtain
such a return receipt. The foregoing papers shall be filed within thirty
days after the return receipt or other official proof of delivery or the
original envelope bearing a notation of refusal, as the case may be, is
received by the plaintiff. Service of process shall be complete when
such papers are filed. The return receipt or other official proof of
delivery shall constitute presumptive evidence that the summons mailed
was received by the defendant or a person qualified to receive his
registered mail; and the notation of refusal shall constitute presump-
tive evidence that the refusal was by the defendant or his agent.
Service of such summons also may be made by mailing a copy thereof to
the OFFICE OF THE secretary of state [at his office] in EITHER the city
of Albany OR NEW YORK, or by personally delivering a copy thereof to one
of his regularly established offices, with a fee of five dollars, and by
delivering a duplicate copy thereof, with the complaint annexed thereto,
to the defendant personally without the state by a resident or citizen
of the state of New York or a sheriff, under-sheriff, deputy-sheriff or
constable of the county or other political subdivision in which the
personal service is made, or an officer authorized by the laws of this
state, to take acknowledgments of deeds to be recorded in this state, or
an attorney and/or counselor at law, solicitor, advocate or barrister
duly qualified to practice in the state or country where such service is
made, or by a United States marshal or deputy United States marshal.
Proof of personal service without the state shall be filed with the
clerk of the court in which the action is pending within thirty days
after such service. Personal service without the state is complete when
proof thereof is filed. The court in which the action is pending may
order such extension as may be necessary to afford the defendant reason-
able opportunity to defend the action.
§ 30. Subdivision 2 of section 253 of the vehicle and traffic law, as
amended by chapter 166 of the laws of 1991, is amended to read as
follows:
2. A summons in an action described in this section may issue in any
court in the state having jurisdiction of the subject matter and be
served as hereinafter provided. Service of such summons shall be made by
mailing a copy thereof to the OFFICE OF THE secretary of state [at his
office] EITHER in the city of Albany OR NEW YORK, or by personally
delivering a copy thereof to one of his regularly established offices,
with a fee of ten dollars, and such service shall be sufficient service
upon such non-resident provided that notice of such service and a copy
of the summons and complaint are forthwith sent by or on behalf of the
plaintiff to the defendant by certified mail or registered mail with
return receipt requested. The plaintiff shall file with the clerk of the
court in which the action is pending, or with the judge or justice of
S. 3348 16
such court in case there be no clerk, an affidavit of compliance here-
with, a copy of the summons and complaint, and either a return receipt
purporting to be signed by the defendant or a person qualified to
receive his certified mail or registered mail, in accordance with the
rules and customs of the post-office department; or, if acceptance was
refused by the defendant or his agent, the original envelope bearing a
notation by the postal authorities that receipt was refused, and an
affidavit by or on behalf of the plaintiff that notice of such mailing
and refusal was forthwith sent to the defendant by ordinary mail; or, if
the registered or certified letter was returned to the post office
unclaimed, the original envelope bearing a notation by the postal
authorities of such mailing and return, an affidavit by or on behalf of
the plaintiff that the summons was posted again by ordinary mail and
proof of mailing certificate of ordinary mail. Where the summons is
mailed to a foreign country, other official proof of the delivery of the
mail may be filed in case the post-office department is unable to obtain
such a return receipt. The foregoing papers shall be filed within thirty
days after the return receipt or other official proof of delivery or the
original envelope bearing a notation of refusal, as the case may be, is
received by the plaintiff. Service of process shall be complete when
such papers are filed. The return receipt or other official proof of
delivery shall constitute presumptive evidence that the summons mailed
was received by the defendant or a person qualified to receive his
certified mail or registered mail; and the notation of refusal shall
constitute presumptive evidence that the refusal was by the defendant or
his agent. Service of such summons also may be made by mailing a copy
thereof to the OFFICE OF THE secretary of state [at his office] in
EITHER the city of Albany OR NEW YORK, or by personally delivering a
copy thereof to one of his regularly established offices, with a fee of
ten dollars, and by delivering a duplicate copy thereof with the
complaint annexed thereto, to the defendant personally without the state
by a resident or citizen of the state of New York or a sheriff, under-
sheriff, deputy-sheriff or constable of the county or other political
subdivision in which the personal service is made, or an officer author-
ized by the laws of this state, to take acknowledgements of deeds to be
recorded in this state, or an attorney and/or counselor at law, solici-
tor, advocate or barrister duly qualified to practice in the state or
country where such service is made, or by a United States [marshall]
MARSHAL or deputy United States [marshall] MARSHAL. Proof of personal
service without the state shall be filed with the clerk of the court in
which the action is pending within thirty days after such service.
Personal service without the state is complete when proof thereof is
filed. The court in which the action is pending may order such exten-
sions as may be necessary to afford the defendant reasonable opportunity
to defend the action.
§ 31. This act shall take effect on the one hundred eightieth day
after it shall have become a law.
