S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1488
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 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:
 
   Section 1. Paragraph 1 of subdivision (b) of section 306 of the  busi-
 ness  corporation law, as amended by chapter 419 of the laws of 1990, is
 amended to read as follows:
   (1) Service of process on the secretary of state as agent of a  domes-
 tic or authorized foreign corporation shall be made by personally deliv-
 ering  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 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 or authorized foreign corporation has no such
 address on file in the department of state, the secretary of state shall
 so mail such copy, in the case of a domestic corporation, in care of any
 director  named  in  its  certificate of incorporation at the director's
 address stated therein or, in the case of an authorized  foreign  corpo-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05519-01-1
              

 A. 1488                             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

 A. 1488                             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:

 A. 1488                             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

 A. 1488                             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-

 A. 1488                             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

 A. 1488                             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

 A. 1488                             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

 A. 1488                             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

 A. 1488                            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

 A. 1488                            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:

 A. 1488                            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

 A. 1488                            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

 A. 1488                            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

 A. 1488                            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

 A. 1488                            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.