§ 304. Service of process on unauthorized foreign limited liability
companies. (a) In any case in which a non-domiciliary would be subject
to the personal or other jurisdiction of the courts of this state under
article three of the civil practice law and rules, a foreign limited
liability company not authorized to do business in this state is subject
to a like jurisdiction. In any such case, process against such foreign
limited liability company may be served upon the secretary of state as
its agent. Such process may issue in any court in this state having
jurisdiction of the subject matter.

(b) Service of such process upon the secretary of state 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 the city of Albany, a copy of such process together with the
statutory fee, which fee shall be a taxable disbursement.

(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.

(c) Such service shall be sufficient if notice thereof and a copy of
the process are:

(1) delivered personally outside this state to such foreign limited
liability company by a person and in the manner authorized to serve
process by law of the jurisdiction in which service is made; or

(2) sent by or on behalf of the plaintiff to such foreign limited
liability company by registered mail, return receipt requested, at the
post office address specified for the purpose of mailing process, on
file in the department of state, or with any official or body performing
the equivalent function, in the jurisdiction of its formation, or if no
such address is specified, to its registered or other office specified,
or if no such office is specified, to the last address of such foreign
limited liability company known to the plaintiff.

(d) Where service of a copy of process was effected by personal
service, proof of service shall be by affidavit of compliance with this
section filed, together with the process, within thirty days after such
service, with the clerk of the court in which the action or special
proceeding is pending. Service of process shall be complete ten days
after such papers are filed with the clerk of the court.

(e) Where service of a copy of process was effected by mailing in
accordance with this section, proof of service shall be by affidavit of
compliance with this section filed, together with the process, within
thirty days after receipt of the return receipt signed by the foreign
limited liability company or other official proof of delivery or of the
original envelope mailed. If a copy of the process is mailed in
accordance with this section, there shall be filed with the affidavit of
compliance either the return receipt signed by such foreign limited
liability company or other official proof of delivery or, if acceptance
was refused by it, the original envelope with a notation by the postal
authorities that acceptance was refused. If acceptance was refused, a
copy of the notice and process together with notice of the mailing by
registered mail and refusal to accept shall be promptly sent to such
foreign limited liability company at the same address by ordinary mail
and the affidavit of compliance shall so state. Service of process shall
be complete ten days after such papers are filed with the clerk of the
court. The refusal to accept delivery of the registered mail or to sign
the return receipt shall not affect the validity of the service and such
foreign limited liability company refusing to accept such registered
mail shall be charged with knowledge of the contents thereof.

(f) Service made as provided in this section shall have the same force
as personal service made within this state.

(g) Nothing in this section shall limit or affect the right to serve
any process required or permitted by law to be served upon a foreign
limited liability company in any other manner now or hereafter permitted
by law or applicable rules of procedure.