Legislation
SECTION 19
Service of process
General Associations (GAS) CHAPTER 29, ARTICLE 4
§ 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
authorized 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
department of state in the city of Albany. 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
process. 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, is within such territorial jurisdiction.
upon the secretary of state shall be made in the manner provided by
subdivision one or two of this section. Either option of service
authorized 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
department of state in the city of Albany. 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
process. 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, is within such territorial jurisdiction.