S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3419
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 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. Subparagraph 1 of paragraph (b) of section 306 of the busi-
 ness corporation law, as amended by section 2 of part KK of  chapter  56
 of the laws of 2021, 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  in  the  manner
 provided  by  clause  (i) or (ii) of this subparagraph. Either option of
 service authorized pursuant to this subparagraph shall be  available  at
 no  extra cost to the consumer. (i) 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 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  domes-
 tic 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06338-01-3
              

 A. 3419                             2
 
 certificate of incorporation at the director's  address  stated  therein
 or,  in  the  case  of an authorized foreign corporation, to such corpo-
 ration at the address of its office within this state  on  file  in  the
 department.  (ii) Electronically submitting a copy of the process to the
 department of state together with the statutory fee, which fee shall  be
 a  taxable  disbursement,  through  an electronic system operated by the
 department of state, provided the domestic or authorized foreign  corpo-
 ration  has an email address on file in the department of state to which
 the secretary of state shall email a notice of the fact that process has
 been served electronically on the secretary of state.  Service of  proc-
 ess  on  such  corporation shall be complete when the secretary of state
 has reviewed and accepted service of such process.    The  secretary  of
 state  shall  promptly  send  a notice of the fact that process has been
 served to such corporation at the email address on file in  the  depart-
 ment  of  state,  specified for the purpose and shall make a copy of the
 process available to such corporation.
   § 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-
 A. 3419                             3
 
 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
 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 section
 16  of  part KK of chapter 56 of the laws of 2021, is amended to read as
 follows:
   § 19. Service of process. Service of process  against  an  association
 upon  the  secretary  of  state  shall be made in the manner provided by
 subdivision one or two of this section. Either option of service author-
 ized pursuant to this section shall be available at no extra cost to the
 consumer. (1) Personally delivering to and leaving with him  or  her  or
 with  a  person  authorized  by  the  secretary of state to receive such
 service, duplicate copies of such process at the office of  the  depart-
 ment  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. The secretary
 of state shall promptly send by certified mail one of such copies to the
 association at the address fixed for that purpose, as  herein  provided.
 (2) Electronically submitting a copy of the process to the department of
 state  together  with  the  statutory  fee, which fee shall be a taxable
 disbursement, through an electronic system operated by the department of
 state, provided the association has an email  address  on  file  in  the
 department of state to which the secretary of state shall email a notice
 of the fact that process has been served electronically on the secretary
 of  state. Service of process on such association shall be complete when
 the secretary of state has reviewed and accepted service of  such  proc-
 ess.  The  secretary  of  state shall promptly send a notice of the fact
 that process against such association  has  been  served  electronically
 upon him or her, to such association at the email address on file in the
 department  of state, specified for the purpose and shall make a copy of
 the process available to such association. 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 jurisdic-
 tion.
   §  6.  Paragraph  1  of  subdivision (b) of section 304 of the limited
 liability company law, as amended by section 22 of part KK of chapter 56
 of the laws of 2021, is amended to read as follows:
   (1) Personally delivering to and leaving with the secretary  of  state
 or  his or her deputy, or with any person authorized by the secretary of
 A. 3419                             4
 
 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 section 30 of part KK of chapter 56 of  the  laws  of
 2021, 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 in the manner provided by subpar-
 agraph  one  or  two of this paragraph. (1) 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. (2) Electronically submitting a copy  of  the
 process  to  the  department  of  state together with the statutory fee,
 which fee shall be a taxable disbursement, through an electronic  system
 operated by the department of state, provided the domestic or authorized
 foreign  corporation  has  an email address on file in the department of
 state to which the secretary of state shall email a notice of  the  fact
 that  process  has been served electronically on the secretary of state.
 Service of process on such corporation shall be complete when the secre-
 tary of state has reviewed and accepted service of such  process.    The
 secretary of state shall promptly send a notice of the fact that process
 against such corporation has been served electronically on him or her to
 such  corporation  at  the  email  address  on file in the department of
 state, specified for the purpose and shall make a copy  of  the  process
 available to such corporation.
   §  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:
   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 amended by section 41 of part KK of chapter 56 of the  laws
 of 2021, is amended to read as follows:
   (1)  By personally delivering to and leaving with him or her 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 togeth-
 er with the statutory fee, which fee shall be a taxable disbursement.
 A. 3419                             5
 
   §  10.  Subdivision (a) of section 121-1505 of the partnership law, as
 amended by section 52 of part KK of chapter 56 of the laws of  2021,  is
 amended to read as follows:
   (a)  Service of process on the secretary of state as agent of a regis-
 tered limited liability  partnership  or  New  York  registered  foreign
 limited  liability  partnership  under this article shall be made in the
 manner provided by paragraph one or  two  of  this  subdivision.  Either
 option  of  service  authorized  pursuant  to  this subdivision shall be
 available at no extra cost to the consumer. (1) 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 together 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 secretary of state  shall  promptly
 send  one of such copies by certified mail, return receipt requested, to
 such registered  limited  liability  partnership,  at  the  post  office
 address  on  file in the department of state specified for such purpose.
 (2) Electronically submitting a copy of the process to the department of
 state together with the statutory fee, which  fee  shall  be  a  taxable
 disbursement, through an electronic system operated by the department of
 state, provided the registered limited liability partnership or New York
 registered foreign limited liability partnership has an email address on
 file  in  the  department of state to which the secretary of state shall
 email a notice of the fact that process against such registered  limited
 liability  partnership  or New York registered foreign limited liability
 partnership served has been electronically served on  the  secretary  of
 state.  Service of process on such registered limited liability partner-
 ship or New York registered foreign limited liability partnership  shall
 be  complete  when  the  secretary  of  state  has reviewed and accepted
 service of such process. The secretary of state shall  promptly  send  a
 notice  of the fact that process against such registered limited liabil-
 ity partnership or New York registered foreign limited  liability  part-
 nership  has  been served electronically upon him or her, to such regis-
 tered limited liability  partnership  or  New  York  registered  foreign
 limited  liability  partnership  at  the  email  address  on file in the
 department of state, specified for the purpose and shall make a copy  of
 the  process  available to such registered limited liability partnership
 or New York registered foreign limited liability partnership.
   § 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
 A. 3419                             6
 
 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
 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
 A. 3419                             7
 
 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-
 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
 A. 3419                             8
 
 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
 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
 A. 3419                             9
 
 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 amended by section 21 of part KK chapter 56 of the laws of 2021,
 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
 company shall be made in the manner provided by paragraph one or two  of
 this  subdivision.  Either option of service authorized pursuant to this
 subdivision shall be available at no extra cost to the  consumer.    (1)
 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 disburse-
 ment. 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.
 (2) Electronically submitting a copy of the process to the department of
 state  together  with  the  statutory  fee, which fee shall be a taxable
 disbursement, through an electronic system operated by the department of
 state, provided the domestic or  authorized  foreign  limited  liability
 company has an email address on file in the department of state to which
 the secretary of state shall email a notice of the fact that process has
 been served electronically on the secretary of state. Service of process
 on  such  limited liability company shall be complete when the secretary
 of state has reviewed and accepted service of such process.  The  secre-
 tary  of  state  shall  promptly  send a notice of the fact that process
 against such limited liability company has been served electronically on
 him or her to such limited liability company at  the  email  address  on
 file  in  the  department  of state, specified for the purpose and shall
 make a copy of the process available to such limited liability company.
   § 18. Subparagraph (1) of paragraph (b) of section 307 of the not-for-
 profit corporation law, as amended by section 31 of part KK  of  chapter
 56 of the laws of 2021, is amended to read as follows:
   (1)  Service of such process upon the secretary of state shall be made
 in the manner provided by  items  (i)  or  (ii)  of  this  subparagraph.
 Either  option of service authorized pursuant to this paragraph shall be
 available at no extra cost to the consumer. (i) 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 depart-
 ment 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. (ii) Electronically submitting a copy of  the  process  to
 the department of state together with the statutory fee, which fee shall
 be  a taxable disbursement, through an electronic system operated by the
 department of state.
   § 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
 A. 3419                            10
 
 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, as amended by section 3 of part KK of  chapter
 56 of the laws of 2021, is amended to read as follows:
   Service  of  such process upon the secretary of state shall be made in
 the manner provided by subparagraph [one or two] (I)  OR  (II)  of  this
 paragraph.  Either  option  of service authorized pursuant to this para-
 graph shall be available at no extra cost to the  consumer[.  (1)]:  (I)
 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[. (2)] (II)  Electronically  submit-
 ting  a copy of the process to the department of state together with the
 statutory fee, which fee shall be a  taxable  disbursement,  through  an
 electronic  system  operated  by  the  department of state. 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
 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
 A. 3419                            11
 
 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
 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
 A. 3419                            12
 
 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
 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
 A. 3419                            13

 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  section 53 of part KK of chapter 56 of the laws of 2021, 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 and  the
 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 him  or
 her. The designation may include an email address to which the secretary
 of  state  shall  email a notice of the fact that process against it has
 been electronically served upon him or her. Service of  process  on  the
 secretary  of  state  as  agent of such corporation or board of managers
 shall be made in the manner provided by paragraph (a)  or  (b)  of  this
 subdivision. Either option of service authorized pursuant to this subdi-
 vision  shall  be  available  at  no  extra  cost  to  the consumer. (a)
 Personally delivering to and leaving with him or her or his or her depu-
 ty, 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 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.
 (b) Electronically submitting a copy of the process to the department of
 state together with the statutory fee, which  fee  shall  be  a  taxable
 disbursement, through an electronic system operated by the department of
 state,  provided  the  corporation  or  board  of  managers has an email
 address on file in the department of state to  which  the  secretary  of
 state  shall  email a notice of the fact that process against the corpo-
 ration or board of managers has been served electronically on the secre-
 tary of state. Service of process on such corporation or board of manag-
 ers shall be complete when the  secretary  of  state  has  reviewed  and
 accepted  service of such process. The secretary of state shall promptly
 send notice of the fact that process has been served  electronically  on
 the  secretary  of state to such corporation or board of managers at the
 email address on file in the department  of  state,  specified  for  the
 purpose  and  shall  make a copy of the process available to such corpo-
 ration or board of managers. 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
 A. 3419                            14
 
 served upon the secretary of state and shall update the filing as neces-
 sary.
   §  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:
   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
 A. 3419                            15
 
 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 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
 A. 3419                            16

 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
 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] 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  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
 A. 3419                            17
 
 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
 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
 A. 3419                            18
 
 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
 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.