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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Jan 03, 2024 |
referred to corporations, authorities and commissions |
| Mar 03, 2023 |
referred to corporations, authorities and commissions |
Senate Bill S5404
2023-2024 Legislative Session
Relates to expanding service of process to the department of state in the city of New York
download bill text pdfSponsored By
(D, WF) 47th Senate District
Current Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2023-S5404 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A3419
- Current Committee:
- Senate Corporations, Authorities And Commissions
- Law Section:
- Business Corporation Law
- Laws Affected:
- Amd §§306, 306-a & 307, BC L; add §92-a, amd §§172-c & 173-c, Exec L; amd §19, Gen Assoc L; amd §§304, 301-A & 303, Lim Lil L; amd §§306 & 307, N-PC L; amd §§121-104-A, 121-109, 121-1505 & 121-1506, Partn L; amd §§203, 216, 310 & 511, Tax L; amd §§11-609, 11-659 & 11-665, NYC Ad Cd; amd §§339-n & 442-g, RP L; amd §§250 & 352-b, Gen Bus L; amd §§48 & 74, Nav L; amd §253, V & T L
- Versions Introduced in Other Legislative Sessions:
-
2017-2018:
S8631, A10357
2019-2020: S3348, A3300
2021-2022: S1728, A1488
2023-S5404 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5404
SPONSOR: HOYLMAN-SIGAL
TITLE OF BILL:
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 admin-
istrative 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
PURPOSE:
The purpose of this bill is to allow service of process on the
Secretary of State in New York City in addition to Albany.
SUMMARY OF SPECIFIC PROVISIONS:
This bill would amend various sections of law to allow service of proc-
ess on the Secretary of State at the New York City office of the Depart- ment of State in addition to the Department of State's Albany office. JUSTIFICATION: Currently, persons or entities bringing suit against a corporation may serve the legal papers on the Secretary of State as the agent for the defendant corporate entity. The Secretary must then mail copies of such process documents to the defendant entity. There are many offices for the Secretary of State located throughout New York State. However, the only location that accepts service of process for the Secretary of State is the Albany office of the Department of State. This creates a hardship for persons located the southern areas, of the state where there is a significant concentration of courts, businesses and commerce. By allowing service of process on the Secretary of State in New York City corporations, municipalities and litigants located close to the city will save time and money. LEGISLATIVE HISTORY: S.1728 OF 2021-2022 (Hoylman): Passed Senate / Died in Assembly / Died in Corporations, Authorities & Commissions A. 1488 of 2021-2022 (Dinowitz): Died in Judiciary S. 3348 of 2019-2020 (Hoylman): Died in Ways and Means A. 3300 of 2019-2020 (Dinowitz): Died in Ways and Means S. 8631 of 2018 (Lanza): Died in Corporations, Authorities and Commis- sions FISCAL IMPLICATIONS: Unknown, to be determined. EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law.
2023-S5404 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5404
2023-2024 Regular Sessions
I N S E N A T E
March 3, 2023
___________
Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
when printed to be committed to the Committee on Corporations, Author-
ities and Commissions
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
certificate of incorporation at the director's address stated therein
or, in the case of an authorized foreign corporation, to such corpo-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06338-01-3
S. 5404 2
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-
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
S. 5404 3
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
state to receive such service, at the office of the department of state
S. 5404 4
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.
S. 5404 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
S. 5404 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
S. 5404 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
S. 5404 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
S. 5404 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
S. 5404 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
S. 5404 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
S. 5404 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
S. 5404 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
S. 5404 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
S. 5404 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
S. 5404 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
S. 5404 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
S. 5404 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.
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