§ 121-109. Service of process on limited partnerships. (a) Service of
process on the secretary of state as agent of a domestic or authorized
foreign limited partnership 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) 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 the
city of Albany, duplicate copies of such process together with the
statutory fee, which fee shall be a taxable disbursement.

The service on the limited partnership is 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, addressed to the limited
partnership 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 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 has
been served electronically on the secretary of state as agent of such
domestic or authorized foreign limited partnership. Service of process
on such limited partnership or authorized foreign limited 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 has been served to such limited
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 limited partnership or authorized foreign limited partnership.

(b) 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 partnership
not authorized to do business in this state is subject to a like
jurisdiction. In any such case, process against such foreign limited
partnership 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. Service of 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 paragraph shall be
available at no extra cost to the consumer. (1) 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 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. Such service shall be sufficient if notice thereof
and a copy of the process are:

(1) Delivered personally without this state to such foreign limited
partnership 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
partnership by registered mail with 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 creation, or if no
such address is specified, to its registered or other office there
specified, or if no such office is specified, to the last address of
such foreign limited partnership known to the plaintiff.

(3) 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.

(4) 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 partnership, 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
partnership 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 partnership 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 partnership refusing to accept such registered mail
shall be charged with knowledge of the contents thereof.

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

(c) The secretary of state shall keep a record of all process served
upon him under this section and shall record therein the date of such
service and his action with reference thereto.

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