A 4281: Expands service of process to the department of state in the city of New York.

  
  STATE OF NEW YORK ________________________________________________________________________ 4281 2025-2026 Regular Sessions  IN ASSEMBLY February 4, 2025 ___________ 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: 1 Section 1. Subparagraph 1 of paragraph (b) of section 306 of the busi- 2 ness corporation law, as amended by section 2 of part KK of chapter 56 3 of the laws of 2021, is amended to read as follows: 4 (1) Service of process on the secretary of state as agent of a domes- 5 tic or authorized foreign corporation shall be made in the manner 6 provided by clause (i) or (ii) of this subparagraph. Either option of 7 service authorized pursuant to this subparagraph shall be available at 8 no extra cost to the consumer. (i) Personally delivering to and leaving 9 with the secretary of state or a deputy, or with any person authorized 10 by the secretary of state to receive such service, at the office of the 11 department of state in either the city of Albany or New York, duplicate 12 copies of such process together with the statutory fee, which fee shall 13 be a taxable disbursement. Service of process on such corporation shall 14 be complete when the secretary of state is so served. The secretary of 15 state shall promptly send one of such copies by certified mail, return 16 receipt requested, to such corporation, at the post office address, on 17 file in the department of state, specified for the purpose. If a domes- 18 tic or authorized foreign corporation has no such address on file in the 19 department of state, the secretary of state shall so mail such copy, in 20 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. LBD08103-01-5 
 A. 4281 2 1 certificate of incorporation at the director's address stated therein 2 or, in the case of an authorized foreign corporation, to such corpo- 3 ration at the address of its office within this state on file in the 4 department. (ii) Electronically submitting a copy of the process to the 5 department of state together with the statutory fee, which fee shall be 6 a taxable disbursement, through an electronic system operated by the 7 department of state, provided the domestic or authorized foreign corpo- 8 ration has an email address on file in the department of state to which 9 the secretary of state shall email a notice of the fact that process has 10 been served electronically on the secretary of state. Service of proc- 11 ess on such corporation shall be complete when the secretary of state 12 has reviewed and accepted service of such process. The secretary of 13 state shall promptly send a notice of the fact that process has been 14 served to such corporation at the email address on file in the depart- 15 ment of state, specified for the purpose and shall make a copy of the 16 process available to such corporation. 17 § 2. The executive law is amended by adding a new section 92-a to read 18 as follows: 19 § 92-a. Service of process. In any case in which service of process on 20 the secretary of state as agent or attorney of an organization, associ- 21 ation, partnership, corporation, company, trust or other person or enti- 22 ty is authorized by law at the office of the department of state in the 23 city of Albany, service of process on the secretary of state may be made 24 by personal delivery to the secretary of state or a deputy, or any 25 person authorized by the secretary of state to receive such service, at 26 the office of the department of state in the city of New York. The 27 secretary of state shall so authorize appropriate persons at such 28 office. 29 § 3. Subdivision 2 of section 172-c of the executive law, as amended 30 by chapter 43 of the laws of 2002, is amended to read as follows: 31 2. Service of such process upon the secretary of state shall be made 32 by personally delivering to and leaving with the secretary of state or 33 any person authorized by the secretary of state to accept such service a 34 copy thereof at the office of the department of state in either the city 35 of Albany or New York, and such service shall be sufficient service 36 provided that notice of such service and a copy of such process are 37 forthwith sent by the attorney general or any other party to such chari- 38 table organization by certified mail with return receipt requested, at 39 its office as set forth in the registration form required to be filed 40 with the attorney general pursuant to section one hundred seventy-two of 41 this article, or in default of the filing of such form, at the last 42 address known to the attorney general or any other party. Service of 43 such process shall be complete upon the receipt by the attorney general 44 or any other party of a return receipt purporting to be signed by the 45 addressee or a person qualified to receive its certified mail, in 46 accordance with the rules and customs of the post office department, or, 47 if acceptance was refused by the addressee or its agent, ten days after 48 the return to the attorney general or any other party of a notation by 49 the postal authorities that receipt thereof was refused. 50 § 4. Subdivision 2 of section 173-c of the executive law, as amended 51 by chapter 43 of the laws of 2002, is amended to read as follows: 52 2. Service of such process or notice upon the secretary of state shall 53 be made by personally delivering to and leaving with the secretary of 54 state or any person authorized by the secretary of state to accept such 55 service a copy thereof at the office of the department of state in 56 either the city of Albany or New York, and such service shall be suffi- 
 A. 4281 3 1 cient service provided that notice of such service and a copy of such 2 process are forthwith sent by the attorney general or other party as the 3 case may be to such professional fund raiser, fund raising counsel, 4 professional solicitor or commercial co-venturer by certified mail with 5 return receipt requested, at the office address as set forth in the 6 registration form required to be filed with the attorney general pursu- 7 ant to sections one hundred seventy-three and one hundred 8 seventy-three-b of this article, or in default of the filing of such 9 form, at the last address known to the attorney general or other party. 10 Service of such process shall be complete ten days after the receipt by 11 the attorney general or other party of a return receipt purporting to be 12 signed by the addressee or a person qualified to receive the addressee's 13 certified mail, in accordance with the rules and customs of the post 14 office department, or, if acceptance was refused by the addressee or the 15 agent, ten days after the return to the attorney general or other party 16 of the original envelope bearing a notation by the postal authorities 17 that receipt thereof was refused. 18 § 5. Section 19 of the general associations law, as amended by section 19 16 of part KK of chapter 56 of the laws of 2021, is amended to read as 20 follows: 21 § 19. Service of process. Service of process against an association 22 upon the secretary of state shall be made in the manner provided by 23 subdivision one or two of this section. Either option of service author- 24 ized pursuant to this section shall be available at no extra cost to the 25 consumer. (1) Personally delivering to and leaving with [him or her] the 26 secretary of state or with a person authorized by the secretary of state 27 to receive such service, duplicate copies of such process at the office 28 of the department of state in either the city of Albany or New York. At 29 the time of such service the plaintiff shall pay a fee of forty dollars 30 to the secretary of state which shall be a taxable disbursement. The 31 secretary of state shall promptly send by certified mail one of such 32 copies to the association at the address fixed for that purpose, as 33 herein provided. (2) Electronically submitting a copy of the process to 34 the department of state together with the statutory fee, which fee shall 35 be a taxable disbursement, through an electronic system operated by the 36 department of state, provided the association has an email address on 37 file in the department of state to which the secretary of state shall 38 email a notice of the fact that process has been served electronically 39 on the secretary of state. Service of process on such association shall 40 be complete when the secretary of state has reviewed and accepted 41 service of such process. The secretary of state shall promptly send a 42 notice of the fact that process against such association has been served 43 electronically upon [him or her] the secretary of state, to such associ- 44 ation at the email address on file in the department of state, specified 45 for the purpose and shall make a copy of the process available to such 46 association. If the action or proceeding is instituted in a court of 47 limited jurisdiction, service of process may be made in the manner 48 provided in this section if the cause of action arose within the terri- 49 torial jurisdiction of the court and the office of the defendant, as set 50 forth in its statement filed pursuant to section eighteen of this [chap- 51 ter] article, is within such territorial jurisdiction. 52 § 6. Paragraph 1 of subdivision (b) of section 304 of the limited 53 liability company law, as amended by section 22 of part KK of chapter 56 54 of the laws of 2021, is amended to read as follows: 55 (1) Personally delivering to and leaving with the secretary of state 56 or [his or her] the deputy of the secretary of state, or with any person 
 A. 4281 4 1 authorized by the secretary of state to receive such service, at the 2 office of the department of state in either the city of Albany or New 3 York, a copy of such process together with the statutory fee, which fee 4 shall be a taxable disbursement. 5 § 7. Paragraph (b) of section 306 of the not-for-profit corporation 6 law, as amended by section 30 of part KK of chapter 56 of the laws of 7 2021, is amended to read as follows: 8 (b) Service of process on the secretary of state as agent of a domes- 9 tic corporation formed under article four of this chapter or an author- 10 ized foreign corporation shall be made in the manner provided by subpar- 11 agraph one or two of this paragraph. (1) Personally delivering to and 12 leaving with the secretary of state or [his or her] the deputy of the 13 secretary of state, or with any person authorized by the secretary of 14 state to receive such service, at the office of the department of state 15 in either the city of Albany or New York, duplicate copies of such proc- 16 ess together with the statutory fee, which fee shall be a taxable 17 disbursement. Service of process on such corporation shall be complete 18 when the secretary of state is so served. The secretary of state shall 19 promptly send one of such copies by certified mail, return receipt 20 requested, to such corporation, at the post office address, on file in 21 the department of state, specified for the purpose. If a domestic corpo- 22 ration formed under article four of this chapter or an authorized 23 foreign corporation has no such address on file in the department of 24 state, the secretary of state shall so mail such copy to such corpo- 25 ration at the address of its office within this state on file in the 26 department. (2) Electronically submitting a copy of the process to the 27 department of state together with the statutory fee, which fee shall be 28 a taxable disbursement, through an electronic system operated by the 29 department of state, provided the domestic or authorized foreign corpo- 30 ration has an email address on file in the department of state to which 31 the secretary of state shall email a notice of the fact that process has 32 been served electronically on the secretary of state. Service of proc- 33 ess on such corporation shall be complete when the secretary of state 34 has reviewed and accepted service of such process. The secretary of 35 state shall promptly send a notice of the fact that process against such 36 corporation has been served electronically on [him or her] the secretary 37 of state to such corporation at the email address on file in the depart- 38 ment of state, specified for the purpose and shall make a copy of the 39 process available to such corporation. 40 § 8. The opening paragraph of paragraph 2 of subdivision (e) of 41 section 121-104-A of the partnership law, as added by chapter 448 of the 42 laws of 1998, is amended to read as follows: 43 Service of such process upon the secretary of state shall be made by 44 personally delivering to and leaving with [him or his] the secretary of 45 state or the deputy of the secretary of state, or with any person 46 authorized by the secretary of state to receive such service, at the 47 office of the department of state in either the city of Albany or New 48 York, a copy of such process together with the statutory fee, which fee 49 shall be a taxable disbursement. Such service shall be sufficient if 50 notice thereof and a copy of the process are: 51 § 9. The opening paragraph of paragraph 1 of subdivision (a) of 52 section 121-109 of the partnership law, as amended by section 41 of part 53 KK of chapter 56 of the laws of 2021, is amended to read as follows: 54 By personally delivering to and leaving with [him or her or his or 55 her] the secretary of state or the deputy of the secretary of state, or 56 with any person authorized by the secretary of state to receive such 
 A. 4281 5 1 service, at the office of the department of state in either the city of 2 Albany or New York, duplicate copies of such process together with the 3 statutory fee, which fee shall be a taxable disbursement. 4 § 10. Subdivision (a) of section 121-1505 of the partnership law, as 5 amended by section 52 of part KK of chapter 56 of the laws of 2021, is 6 amended to read as follows: 7 (a) Service of process on the secretary of state as agent of a regis- 8 tered limited liability partnership or New York registered foreign 9 limited liability partnership under this article shall be made in the 10 manner provided by paragraph one or two of this subdivision. Either 11 option of service authorized pursuant to this subdivision shall be 12 available at no extra cost to the consumer. (1) Personally delivering to 13 and leaving with the secretary of state or a deputy, or with any person 14 authorized by the secretary of state to receive such service, at the 15 office of the department of state in either the city of Albany or New 16 York, duplicate copies of such process together with the statutory fee, 17 which fee shall be a taxable disbursement. Service of process on such 18 registered limited liability partnership shall be complete when the 19 secretary of state is so served. The secretary of state shall promptly 20 send one of such copies by certified mail, return receipt requested, to 21 such registered limited liability partnership, at the post office 22 address on file in the department of state specified for such purpose. 23 (2) Electronically submitting a copy of the process to the department of 24 state together with the statutory fee, which fee shall be a taxable 25 disbursement, through an electronic system operated by the department of 26 state, provided the registered limited liability partnership or New York 27 registered foreign limited liability partnership has an email address on 28 file in the department of state to which the secretary of state shall 29 email a notice of the fact that process against such registered limited 30 liability partnership or New York registered foreign limited liability 31 partnership served has been electronically served on the secretary of 32 state. Service of process on such registered limited liability partner- 33 ship or New York registered foreign limited liability partnership shall 34 be complete when the secretary of state has reviewed and accepted 35 service of such process. The secretary of state shall promptly send a 36 notice of the fact that process against such registered limited liabil- 37 ity partnership or New York registered foreign limited liability part- 38 nership has been served electronically upon [him or her] the secretary 39 of state, to such registered limited liability partnership or New York 40 registered foreign limited liability partnership at the email address on 41 file in the department of state, specified for the purpose and shall 42 make a copy of the process available to such registered limited liabil- 43 ity partnership or New York registered foreign limited liability part- 44 nership. 45 § 11. The opening paragraph of paragraph 2 of subdivision (f) of 46 section 121-1506 of the partnership law, as added by chapter 448 of the 47 laws of 1998, is amended to read as follows: 48 Service of such process upon the secretary of state shall be made by 49 personally delivering to and leaving with [him or his] the secretary of 50 state or the deputy of the secretary of state, or with any person 51 authorized by the secretary of state to receive such service, at the 52 office of the department of state in either the city of Albany or New 53 York, a copy of such process together with the statutory fee, which fee 54 shall be a taxable disbursement. Such service shall be sufficient if 55 notice thereof and a copy of the process are: 
 A. 4281 6 1 § 12. Subdivision 2 of section 203 of the tax law, as amended by chap- 2 ter 100 of the laws of 1964, is amended to read as follows: 3 2. Every foreign corporation (other than a moneyed corporation) 4 subject to the provisions of this article, except a corporation having a 5 certificate of authority under former section two hundred twelve of the 6 general corporation law or having authority to do business by virtue of 7 section thirteen hundred five of the business corporation law, shall 8 file in the department of state a certificate of designation in its 9 corporate name, signed and acknowledged by its president or a vice-pre- 10 sident or its secretary or treasurer, under its corporate seal, desig- 11 nating the secretary of state as its agent upon whom process in any 12 action provided for by this article may be served within this state, and 13 setting forth an address to which the secretary of state shall mail a 14 copy of any such process against the corporation which may be served 15 upon [him] the secretary of state. In case any such corporation shall 16 have failed to file such certificate of designation, it shall be deemed 17 to have designated the secretary of state as its agent upon whom such 18 process against it may be served; and until a certificate of designation 19 shall have been filed the corporation shall be deemed to have directed 20 the secretary of state to mail copies of process served upon [him] the 21 secretary of state to the corporation at its last known office address 22 within or without the state. When a certificate of designation has been 23 filed by such corporation the secretary of state shall mail copies of 24 process thereafter served upon [him] the secretary of state to the 25 address set forth in such certificate. Any such corporation, from time 26 to time, may change the address to which the secretary of state is 27 directed to mail copies of process, by filing a certificate to that 28 effect executed, signed and acknowledged in like manner as a certificate 29 of designation as herein provided. Service of process upon any such 30 corporation or upon any corporation having a certificate of authority 31 under former section two hundred twelve of the general corporation law 32 or having authority to do business by virtue of section thirteen hundred 33 five of the business corporation law, in any action commenced at any 34 time pursuant to the provisions of this article, may be made by either 35 (1) personally delivering to and leaving with the secretary of state, a 36 deputy secretary of state or with any person authorized by the secretary 37 of state to receive such service duplicate copies thereof at the office 38 of the department of state in either the city of Albany or New York, in 39 which event the secretary of state shall forthwith send by registered 40 mail, return receipt requested, one of such copies to the corporation at 41 the address designated by it or at its last known office address within 42 or without the state, or (2) personally delivering to and leaving with 43 the secretary of state, a deputy secretary of state or with any person 44 authorized by the secretary of state to receive such service, a copy 45 thereof at the office of the department of state in either the city of 46 Albany or New York and by delivering a copy thereof to, and leaving such 47 copy with, the president, vice-president, secretary, assistant secre- 48 tary, treasurer, assistant treasurer, or cashier of such corporation, or 49 the officer performing corresponding functions under another name, or a 50 director or managing agent of such corporation, personally without the 51 state. Proof of such personal service without the state shall be filed 52 with the clerk of the court in which the action is pending within thirty 53 days after such service, and such service shall be complete ten days 54 after proof thereof is filed. 55 § 13. Section 216 of the tax law, as added by chapter 415 of the laws 56 of 1944, the opening paragraph as amended by chapter 100 of the laws of 
 A. 4281 7 1 1964 and redesignated by chapter 613 of the laws of 1976, is amended to 2 read as follows: 3 § 216. Collection of taxes. Every foreign corporation (other than a 4 moneyed corporation) subject to the provisions of this article, except a 5 corporation having a certificate of authority under former section two 6 hundred twelve of the general corporation law or having authority to do 7 business by virtue of section thirteen hundred five of the business 8 corporation law, shall file in the department of state a certificate of 9 designation in its corporate name, signed and acknowledged by its presi- 10 dent or a vice-president or its secretary or treasurer, under its corpo- 11 rate seal, designating the secretary of state as its agent upon whom 12 process in any action provided for by this article may be served within 13 this state, and setting forth an address to which the secretary of state 14 shall mail a copy of any such process against the corporation which may 15 be served upon [him] the secretary of state. In case any such corpo- 16 ration shall have failed to file such certificate of designation, it 17 shall be deemed to have designated the secretary of state as its agent 18 upon whom such process against it may be served; and until a certificate 19 of designation shall have been filed the corporation shall be deemed to 20 have directed the secretary of state to mail copies of process served 21 upon [him] the secretary of state to the corporation at its last known 22 office address within or without the state. When a certificate of 23 designation has been filed by such corporation the secretary of state 24 shall mail copies of process thereafter served upon [him] the secretary 25 of state to the address set forth in such certificate. Any such corpo- 26 ration, from time to time, may change the address to which the secretary 27 of state is directed to mail copies of process, by filing a certificate 28 to that effect executed, signed and acknowledged in like manner as a 29 certificate of designation as herein provided. Service of process upon 30 any such corporation or upon any corporation having a certificate of 31 authority under former section two hundred twelve of the general corpo- 32 ration law or having authority to do business by virtue of section thir- 33 teen hundred five of the business corporation law, in any action 34 commenced at any time pursuant to the provisions of this article, may be 35 made by either (1) personally delivering to and leaving with the secre- 36 tary of state, a deputy secretary of state or with any person authorized 37 by the secretary of state to receive such service duplicate copies ther- 38 eof at the office of the department of state in either the city of Alba- 39 ny or New York, in which event the secretary of state shall forthwith 40 send by registered mail, return receipt requested, one of such copies to 41 the corporation at the address designated by it or at its last known 42 office address within or without the state, or (2) personally delivering 43 to and leaving with the secretary of state, a deputy secretary of state 44 or with any person authorized by the secretary of state to receive such 45 service, a copy thereof at the office of the department of state in 46 either the city of Albany or New York and by delivering a copy thereof 47 to, and leaving such copy with, the president, vice-president, secre- 48 tary, assistant secretary, treasurer, assistant treasurer, or cashier of 49 such corporation, or the officer performing corresponding functions 50 under another name, or a director or managing agent of such corporation, 51 personally without the state. Proof of such personal service without 52 the state shall be filed with the clerk of the court in which the action 53 is pending within thirty days after such service, and such service shall 54 be complete ten days after proof thereof is filed. 55 § 14. Subdivision (b) of section 310 of the tax law, as added by chap- 56 ter 400 of the laws of 1983, is amended to read as follows: 
 A. 4281 8 1 (b) Service of process.--Service of process upon any petroleum busi- 2 ness which is a corporation (including any such petroleum business 3 having a certificate of authority under former section two hundred 4 twelve of the general corporation law or having authority to do business 5 by virtue of section thirteen hundred five of the business corporation 6 law), in any action commenced at any time pursuant to the provisions of 7 this article, may be made by either (1) personally delivering to and 8 leaving with the secretary of state, a deputy secretary of state or with 9 any person authorized by the secretary of state to receive such service 10 duplicate copies thereof at the office of the department of state in 11 either the city of Albany or New York, in which event the secretary of 12 state shall forthwith send by registered mail, return receipt requested, 13 one of such copies to such petroleum business at the address designated 14 by it or at its last known office address within or without the state, 15 or (2) personally delivering to and leaving with the secretary of state, 16 a deputy secretary of state or with any person authorized by the secre- 17 tary of state to receive such service, a copy thereof at the office of 18 the department of state in either the city of Albany or New York and by 19 delivering a copy thereof to, and leaving such copy with, the president, 20 vice-president, secretary, assistant secretary, treasurer, assistant 21 treasurer, or cashier of such petroleum business, or the officer 22 performing corresponding functions under another name, or a director or 23 managing agent of such petroleum business, personally without the state. 24 Proof of such personal service without the state shall be filed with the 25 clerk of the court in which the action is pending within thirty days 26 after such service, and such service shall be complete ten days after 27 proof thereof is filed. 28 § 15. Subdivision 5 of section 511 of the tax law, as amended by 29 section 7 of part E of chapter 60 of the laws of 2007, is amended to 30 read as follows: 31 5. The operation by a nonresident of a vehicular unit in this state or 32 the operation in this state of a motor vehicle, trailer, semi-trailer, 33 dolly or other device owned by a nonresident shall be deemed equivalent 34 to an appointment by such nonresident of the secretary of state to be 35 [his] the nonresident's true and lawful attorney upon whom may be served 36 the process in any action or proceeding against [him] the nonresident 37 growing out of any liability for fees, taxes, penalties or interest 38 under this article and such operation shall be deemed a signification of 39 [his] the nonresident's agreement that any such process against [him] 40 the nonresident which is so served shall be of the same legal force and 41 validity as if served on [him] the nonresident personally within the 42 state and within the territorial jurisdiction of the court from which 43 the process issues. Service of process shall be made by either (1) 44 personally delivering to and leaving with the secretary of state or a 45 deputy secretary of state duplicate copies thereof at the office of the 46 department of state in either the city of Albany or New York, in which 47 event the secretary of state shall forthwith send by registered mail one 48 of such copies to the person at the address designated by [him] the 49 nonresident in [his] the nonresident's application for a certificate of 50 registration under this article or in the last return filed by [him] the 51 nonresident under this article or as shown on the records of the commis- 52 sioner, or if no application has been filed, at [his] the nonresident's 53 last known office address within or without the state, or (2) personally 54 delivering to and leaving with the secretary of state or a deputy secre- 55 tary of state a copy thereof at the office of the department of state in 56 either the city of Albany or New York and by delivering a copy thereof 
 A. 4281 9 1 to the person, personally without the state. Proof of such personal 2 service without the state shall be filed with the clerk of the court in 3 which the process is pending within thirty days after such service and 4 such service shall be complete ten days after proof thereof is filed. 5 § 16. The opening paragraph of paragraph 2 of subdivision (e) of 6 section 301-A of the limited liability company law, as added by chapter 7 448 of the laws of 1998, is amended to read as follows: 8 Service of such process upon the secretary of state shall be made by 9 personally delivering to and leaving with [him or his] the secretary of 10 state or the deputy of the secretary of state, or with any person 11 authorized by the secretary of state to receive such service, at the 12 office of the department of state in either the city of Albany or New 13 York, a copy of such process together with the statutory fee, which fee 14 shall be a taxable disbursement. Such service shall be sufficient if 15 notice thereof and a copy of the process are: 16 § 17. Subdivision (a) of section 303 of the limited liability company 17 law, as amended by section 21 of part KK chapter 56 of the laws of 2021, 18 is amended to read as follows: 19 (a) Service of process on the secretary of state as agent of a domes- 20 tic limited liability company or authorized foreign limited liability 21 company shall be made in the manner provided by paragraph one or two of 22 this subdivision. Either option of service authorized pursuant to this 23 subdivision shall be available at no extra cost to the consumer. (1) 24 Personally delivering to and leaving with the secretary of state or [his 25 or her] the deputy of the secretary of state, or with any person author- 26 ized by the secretary of state to receive such service, at the office of 27 the department of state in either the city of Albany or New York, dupli- 28 cate copies of such process together with the statutory fee, which fee 29 shall be a taxable disbursement. Service of process on such limited 30 liability company shall be complete when the secretary of state is so 31 served. The secretary of state shall promptly send one of such copies by 32 certified mail, return receipt requested, to such limited liability 33 company at the post office address on file in the department of state 34 specified for that purpose. (2) Electronically submitting a copy of the 35 process to the department of state together with the statutory fee, 36 which fee shall be a taxable disbursement, through an electronic system 37 operated by the department of state, provided the domestic or authorized 38 foreign limited liability company has an email address on file in the 39 department of state to which the secretary of state shall email a notice 40 of the fact that process has been served electronically on the secretary 41 of state. Service of process on such limited liability company shall be 42 complete when the secretary of state has reviewed and accepted service 43 of such process. The secretary of state shall promptly send a notice of 44 the fact that process against such limited liability company has been 45 served electronically on [him or her] the secretary of state to such 46 limited liability company at the email address on file in the department 47 of state, specified for the purpose and shall make a copy of the process 48 available to such limited liability company. 49 § 18. Subparagraph 1 of paragraph (b) of section 307 of the not-for- 50 profit corporation law, as amended by section 31 of part KK of chapter 51 56 of the laws of 2021, is amended to read as follows: 52 (1) Service of such process upon the secretary of state shall be made 53 in the manner provided by items (i) or (ii) of this subparagraph. 54 Either option of service authorized pursuant to this paragraph shall be 55 available at no extra cost to the consumer. (i) Personally delivering to 56 and leaving with [him or his] the secretary of state or the deputy of 
 A. 4281 10 1 the secretary of state, or with any person authorized by the secretary 2 of state to receive such service, at the office of the department of 3 state in either the city of Albany or New York, a copy of such process 4 together with the statutory fee, which fee shall be a taxable disburse- 5 ment. (ii) Electronically submitting a copy of the process to the 6 department of state together with the statutory fee, which fee shall be 7 a taxable disbursement, through an electronic system operated by the 8 department of state. 9 § 19. The opening paragraph of subparagraph 2 of paragraph (e) of 10 section 306-a of the business corporation law, as added by chapter 469 11 of the laws of 1997, is amended to read as follows: 12 Service of such process upon the secretary of state shall be made by 13 personally delivering to and leaving with [him or his] the secretary of 14 state or the deputy of the secretary of state, or with any person 15 authorized by the secretary of state to receive such service, at the 16 office of the department of state in either the city of Albany or New 17 York, a copy of such process together with the statutory fee, which fee 18 shall be a taxable disbursement. Such service shall be sufficient if 19 notice thereof and a copy of the process are: 20 § 20. The opening paragraph of paragraph (b) of section 307 of the 21 business corporation law, as amended by section 3 of part KK of chapter 22 56 of the laws of 2021, is amended to read as follows: 23 Service of such process upon the secretary of state shall be made in 24 the manner provided by subparagraph [one or two] (i) or (ii) of this 25 paragraph. Either option of service authorized pursuant to this para- 26 graph shall be available at no extra cost to the consumer[. (1)]: (i) 27 Personally delivering to and leaving with [him or his] the secretary of 28 state or the deputy of the secretary of state, or with any person 29 authorized by the secretary of state to receive such service, at the 30 office of the department of state in either the city of Albany or New 31 York, a copy of such process together with the statutory fee, which fee 32 shall be a taxable disbursement[. (2)] (ii) Electronically submitting a 33 copy of the process to the department of state together with the statu- 34 tory fee, which fee shall be a taxable disbursement, through an elec- 35 tronic system operated by the department of state. Such service shall be 36 sufficient if notice thereof and a copy of the process are: 37 § 21. Section 11-609 of the administrative code of the city of New 38 York is amended to read as follows: 39 § 11-609 Collection of taxes. Every foreign corporation (other than a 40 moneyed corporation) subject to the provisions of this subchapter, 41 except a corporation having authority to do business by virtue of 42 section thirteen hundred five of the business corporation law, shall 43 file in the department of state a certificate of designation in its 44 corporate name, signed and acknowledged by its president or a vice-pre- 45 sident or its secretary or treasurer, under its corporate seal, desig- 46 nating the secretary of state as its agent upon whom process in any 47 action provided for by this subchapter may be served within this state, 48 and setting forth an address to which the secretary of state shall mail 49 a copy of any such process against the corporation which may be served 50 upon the secretary of state. In case any such corporation shall have 51 failed to file such certificate of designation, it shall be deemed to 52 have designated the secretary of state as its agent upon whom such proc- 53 ess against it may be served; and until a certificate of designation 54 shall have been filed the corporation shall be deemed to have directed 55 the secretary of state to mail copies of process served upon [him or 56 her] the secretary of state to the corporation at its last known office 
 A. 4281 11 1 address within or without the state. When a certificate of designation 2 has been filed by such corporation the secretary of state shall mail 3 copies of process thereafter served upon the secretary of state to the 4 address set forth in such certificate. Any such corporation, from time 5 to time, may change the address to which the secretary of state is 6 directed to mail copies of process, by filing a certificate to that 7 effect executed, signed and acknowledged in like manner as a certificate 8 of designation as herein provided. Service of process upon any such 9 corporation or upon any corporation having a certificate of authority 10 under former section two hundred twelve of the general corporation law 11 or having authority to do business by virtue of section thirteen hundred 12 five of the business corporation law, in any action commenced at any 13 time pursuant to the provisions of this subchapter, may be made by 14 either: (a) personally delivering to and leaving with the secretary of 15 state, a deputy secretary of state or with any person authorized by the 16 secretary of state to receive such service duplicate copies thereof at 17 the office of the department of state in either the city of Albany or 18 New York, in which event the secretary of state shall forthwith send by 19 registered mail, return receipt requested, one of such copies to the 20 corporation at the address designated by it or at its last known office 21 address within or without the state, or (b) personally delivering to and 22 leaving with the secretary of state, a deputy secretary of state or with 23 any person authorized by the secretary of state to receive such service, 24 a copy thereof at the office of the department of state in either the 25 city of Albany or New York and by delivering a copy thereof to, and 26 leaving such copy with, the president, vice-president, secretary, 27 assistant secretary, treasurer, assistant treasurer, or cashier of such 28 corporation, or the officer performing corresponding functions under 29 another name, or a director or managing agent of such corporation, 30 personally without the state. Proof of such personal service without the 31 state shall be filed with the clerk of the court in which the action is 32 pending within thirty days after such service, and such service shall be 33 complete ten days after proof thereof is filed. 34 § 22. Section 11-659 of the administrative code of the city of New 35 York, as added by section 1 of part D of chapter 60 of the laws of 2015, 36 is amended to read as follows: 37 § 11-659 Collection of taxes. Every foreign corporation (other than a 38 moneyed corporation) subject to the provisions of this subchapter, 39 except a corporation having authority to do business by virtue of 40 section thirteen hundred five of the business corporation law, shall 41 file in the department of state a certificate of designation in its 42 corporate name, signed and acknowledged by its president or a vice-pre- 43 sident or its secretary or treasurer, under its corporate seal, desig- 44 nating the secretary of state as its agent upon whom process in any 45 action provided for by this subchapter may be served within this state, 46 and setting forth an address to which the secretary of state shall mail 47 a copy of any such process against the corporation which may be served 48 upon the secretary of state. In case any such corporation shall have 49 failed to file such certificate of designation, it shall be deemed to 50 have designated the secretary of state as its agent upon whom such proc- 51 ess against it may be served; and until a certificate of designation 52 shall have been filed the corporation shall be deemed to have directed 53 the secretary of state to mail copies of process served upon [him or 54 her] the secretary of state to the corporation at its last known office 55 address within or without the state. When a certificate of designation 56 has been filed by such corporation the secretary of state shall mail 
 A. 4281 12 1 copies of process thereafter served upon the secretary of state to the 2 address set forth in such certificate. Any such corporation, from time 3 to time, may change the address to which the secretary of state is 4 directed to mail copies of process, by filing a certificate to that 5 effect executed, signed and acknowledged in like manner as a certificate 6 of designation as herein provided. Service of process upon any such 7 corporation or upon any corporation having a certificate of authority 8 under section eight hundred five of the limited liability company law or 9 having authority to do business by virtue of section thirteen hundred 10 five of the business corporation law, in any action commenced at any 11 time pursuant to the provisions of this subchapter, may be made by 12 either: (a) personally delivering to and leaving with the secretary of 13 state, a deputy secretary of state or with any person authorized by the 14 secretary of state to receive such service duplicate copies thereof at 15 the office of the department of state in either the city of Albany or 16 New York, in which event the secretary of state shall forthwith send by 17 registered mail, return receipt requested, one of such copies to the 18 corporation at the address designated by it or at its last known office 19 address within or without the state, or (b) personally delivering to and 20 leaving with the secretary of state, a deputy secretary of state or with 21 any person authorized by the secretary of state to receive such service, 22 a copy thereof at the office of the department of state in either the 23 city of Albany or New York and by delivering a copy thereof to, and 24 leaving such copy with, the president, vice-president, secretary, 25 assistant secretary, treasurer, assistant treasurer, or cashier of such 26 corporation, or the officer performing corresponding functions under 27 another name, or a director or managing agent of such corporation, 28 personally without the state. Proof of such personal service without the 29 state shall be filed with the clerk of the court in which the action is 30 pending within thirty days after such service, and such service shall be 31 complete ten days after proof thereof is filed. 32 § 23. Subdivision 1 of section 11-665 of the administrative code of 33 the city of New York is amended to read as follows: 34 1. Every foreign corporation (other than a moneyed corporation) 35 subject to the provisions of this subchapter, except a corporation 36 having authority to do business by virtue of section thirteen hundred 37 five of the business corporation law, shall file in the department of 38 state a certificate of designation in its corporate name, signed and 39 acknowledged by its president or vice-president or its secretary or 40 treasurer, under its corporate seal, designating the secretary of state 41 as its agent upon whom process in any action provided for by this 42 subchapter or subchapter five of this chapter may be served within this 43 state, and setting forth an address to which the secretary of state 44 shall mail a copy of any such process against the corporation which may 45 be served upon the secretary of state. In case any such corporation 46 shall have failed to file such certificate of designation, it shall be 47 deemed to have designated the secretary of state as its agent upon whom 48 such process against it may be served; and until a certificate of desig- 49 nation shall have been filed the corporation shall be deemed to have 50 directed the secretary of state to mail copies of process served upon 51 the secretary of state to the corporation at its last known office 52 address within or without the state. When a certificate of designation 53 has been filed by such corporation the secretary of state shall mail 54 copies of process thereafter served upon the secretary of state to the 55 address set forth in such certificate. Any such corporation, from time 56 to time, may change the address to which the secretary of state is 
 A. 4281 13 1 directed to mail copies of process, by filing a certificate to that 2 effect executed, signed and acknowledged in like manner as a certificate 3 of designation as herein provided. Service of process upon any such 4 corporation or upon any corporation having authority to do business by 5 virtue of section thirteen hundred five of the business corporation law, 6 in any action commenced at any time pursuant to the provisions of this 7 subchapter five or former subchapter six of this chapter may be made by 8 either: (1) personally delivering to and leaving with the secretary of 9 state, a deputy secretary of state or with any person authorized by the 10 secretary of state to receive such service duplicate copies thereof at 11 the office of the department of state in either the city of Albany or 12 New York, in which event the secretary of state shall forthwith send by 13 registered mail, return receipt requested, one of such copies to the 14 corporation at the address designated by it or at its last known office 15 address within or without the state, or (2) personally delivering to and 16 leaving with the secretary of state, a deputy secretary of state or with 17 any person authorized by the secretary of state to receive such service, 18 a copy thereof at the office of the department of state in either the 19 city of Albany or New York and by delivering a copy hereof to, and leav- 20 ing such copy with, the president, vice-president, secretary, assistant 21 secretary, treasurer, assistant treasurer, or cashier of such corpo- 22 ration, or the officer performing corresponding functions under another 23 name, or a director or managing agent of such corporation, personally 24 without the state. Proof of such personal service without the state 25 shall be filed with the clerk of the court in which the action is pend- 26 ing within thirty days after such service, and such service shall be 27 complete ten days after proof thereof is filed. 28 § 24. Subdivision 7 of section 339-n of the real property law, as 29 amended by section 53 of part KK of chapter 56 of the laws of 2021, is 30 amended to read as follows: 31 7. A designation of the secretary of state as agent of the corporation 32 or board of managers upon whom process against it may be served and the 33 post office address within or without this state to which the secretary 34 of state shall mail a copy of any process against it served upon [him or 35 her] the secretary of state. The designation may include an email 36 address to which the secretary of state shall email a notice of the fact 37 that process against it has been electronically served upon [him or her] 38 the secretary of state. Service of process on the secretary of state as 39 agent of such corporation or board of managers shall be made in the 40 manner provided by paragraph (a) or (b) of this subdivision. Either 41 option of service authorized pursuant to this subdivision shall be 42 available at no extra cost to the consumer. (a) Personally delivering to 43 and leaving with [him or her or his or her] the secretary of state or 44 the deputy of the secretary of state, or with any person authorized by 45 the secretary of state to receive such service, at the office of the 46 department of state in either the city of Albany or New York, duplicate 47 copies of such process together with the statutory fee, which shall be a 48 taxable disbursement. Service of process on such corporation or board of 49 managers shall be complete when the secretary of state is so served. The 50 secretary of state shall promptly send one of such copies by certified 51 mail, return receipt requested, to such corporation or board of manag- 52 ers, at the post office address, on file in the department of state, 53 specified for such purpose. (b) Electronically submitting a copy of the 54 process to the department of state together with the statutory fee, 55 which fee shall be a taxable disbursement, through an electronic system 56 operated by the department of state, provided the corporation or board 
 A. 4281 14 1 of managers has an email address on file in the department of state to 2 which the secretary of state shall email a notice of the fact that proc- 3 ess against the corporation or board of managers has been served elec- 4 tronically on the secretary of state. Service of process on such corpo- 5 ration or board of managers shall be complete when the secretary of 6 state has reviewed and accepted service of such process. The secretary 7 of state shall promptly send notice of the fact that process has been 8 served electronically on the secretary of state to such corporation or 9 board of managers at the email address on file in the department of 10 state, specified for the purpose and shall make a copy of the process 11 available to such corporation or board of managers. Nothing in this 12 subdivision shall affect the right to serve process in any other manner 13 permitted by law. The corporation or board of managers shall also file 14 with the secretary of state the name and post office address within or 15 without this state to which the secretary of state shall mail a copy of 16 any process against it served upon the secretary of state and shall 17 update the filing as necessary. 18 § 25. Subdivision 3 of section 442-g of the real property law, as 19 amended by chapter 482 of the laws of 1963, is amended to read as 20 follows: 21 3. Service of such process upon the secretary of state shall be made 22 by personally delivering to and leaving with [him or his] the secretary 23 of state or the deputy of the secretary of state or with any person 24 authorized by the secretary of state to receive such service, at the 25 office of the department of state in either the city of Albany or New 26 York, duplicate copies of such process together with a fee of five 27 dollars if the action is solely for the recovery of a sum of money not 28 in excess of two hundred dollars and the process is so endorsed, and a 29 fee of ten dollars in any other action or proceeding, which fee shall be 30 a taxable disbursement. If such process is served upon behalf of a coun- 31 ty, city, town or village, or other political subdivision of the state, 32 the fee to be paid to the secretary of state shall be five dollars, 33 irrespective of the amount involved or the nature of the action on 34 account of which such service of process is made. If the cost of regis- 35 tered mail for transmitting a copy of the process shall exceed two 36 dollars, an additional fee equal to such excess shall be paid at the 37 time of the service of such process. Proof of service shall be by affi- 38 davit of compliance with this subdivision filed by or on behalf of the 39 plaintiff together with the process, within ten days after such service, 40 with the clerk of the court in which the action or special proceeding is 41 pending. Service made as provided in this section shall be complete ten 42 days after such papers are filed with the clerk of the court and shall 43 have the same force and validity as if served on [him] the secretary of 44 state personally within the state and within the territorial jurisdic- 45 tion of the court from which the process issues. 46 § 26. Subdivision 2 of section 250 of the general business law, as 47 amended by chapter 103 of the laws of 1981, is amended to read as 48 follows: 49 2. A summons in an action described in this section may issue in any 50 court in the state having jurisdiction of the subject matter and be 51 served as hereinafter provided. Service of such summons shall be made by 52 mailing a copy thereof to the office of the secretary of state [at his 53 office] in either the city of Albany or New York, or by personally 54 delivering a copy thereof to one of [his] the regularly established 55 offices, with a fee of ten dollars, and such service shall be sufficient 56 service upon such nonresident provided that notice of such service and a 
 A. 4281 15 1 copy of the summons and complaint are forthwith sent by or on behalf of 2 the plaintiff to the defendant by registered mail with return receipt 3 requested. The plaintiff shall file with the clerk of the court in which 4 the action is pending, or with the judge or justice of such court in 5 case there be no clerk, an affidavit of compliance herewith, a copy of 6 the summons and complaint, and either a return receipt purporting to be 7 signed by the defendant or a person qualified to receive [his] the 8 defendant's registered mail, in accordance with the rules and customs of 9 the post office department; or, if acceptance was refused by the defend- 10 ant or [his] the defendant's agent, the original envelope bearing a 11 notation by the postal authorities that receipt was refused, and an 12 affidavit by or on behalf of the plaintiff that notice of such mailing 13 and refusal was forthwith sent to the defendant by ordinary mail. Where 14 the summons is mailed to a foreign country, other official proof of the 15 delivery of the mail may be filed in case the post office department is 16 unable to obtain such a return receipt. The foregoing papers shall be 17 filed within thirty days after the return receipt or other official 18 proof of delivery or the original envelope bearing a notation of 19 refusal, as the case may be, is received by the plaintiff. Service of 20 process shall be complete when such papers are filed. The return receipt 21 or other official proof of delivery shall constitute presumptive 22 evidence that the summons mailed was received by the defendant or a 23 person qualified to receive [his] the defendant's registered mail; and 24 the notation of refusal shall constitute presumptive evidence that the 25 refusal was by the defendant or [his] the defendant's agent. Service of 26 such summons also may be made by mailing a copy thereof to the office of 27 the secretary of state [at his office] in either the city of Albany or 28 New York, or by personally delivering a copy thereof to one of [his] the 29 regularly established offices, with a fee of ten dollars, and by deliv- 30 ering a duplicate copy thereof, with a complaint annexed thereto, to the 31 defendant personally without the state by a resident or citizen of the 32 state of New York or a sheriff, under-sheriff, deputy-sheriff or consta- 33 ble of the county or other political subdivision in which the personal 34 service is made, or an officer authorized by the laws of this state, to 35 take acknowledgments of deeds to be recorded in this state, or an attor- 36 ney and/or counselor at law, solicitor, advocate or barrister duly qual- 37 ified to practice in the state or country where such service is made, or 38 by a United States marshal or deputy United States marshal. Proof of 39 personal service without the state shall be filed with the clerk of the 40 court in which the action is pending within thirty days after such 41 service. Personal service without the state is complete when proof ther- 42 eof is filed. The court in which the action is pending may order such 43 extensions as may be necessary to afford the defendant reasonable oppor- 44 tunity to defend the action. 45 § 27. Subdivision 2 of section 352-b of the general business law, as 46 amended by chapter 252 of the laws of 1983, is amended to read as 47 follows: 48 2. Service of such process upon the secretary of state shall be made 49 by personally delivering to and leaving with [him] the secretary of 50 state or a deputy secretary of state a copy thereof at the office of the 51 department of state in either the city of Albany or New York, and such 52 service shall be sufficient service provided that notice of such service 53 and a copy of such process are forthwith sent by the attorney general to 54 such person, partnership, corporation, company, trust or association, by 55 registered or certified mail with return receipt requested, at [his or 56 its] the addressee's office as set forth in the "broker-dealer's state- 
 A. 4281 16 1 ment", "salesman's statement" or "investment advisor's statement" filed 2 in the department of law pursuant to section three hundred fifty-nine-e 3 or section three hundred fifty-nine-eee of this article, or in default 4 of the filing of such statement, at the last address known to the attor- 5 ney general. Service of such process shall be complete on receipt by the 6 attorney general of a return receipt purporting to be signed by the 7 addressee or a person qualified to receive [his or its] the addressee's 8 registered or certified mail, in accordance with the rules and customs 9 of the post office department, or, if acceptance was refused by the 10 addressee or [his or its] the addressee's agent, on return to the attor- 11 ney general of the original envelope bearing a notation by the postal 12 authorities that receipt thereof was refused. 13 § 28. Subdivision 2 of section 48 of the navigation law, as amended by 14 chapter 166 of the laws of 1991, is amended to read as follows: 15 2. A summons in an action described in this section may issue in any 16 court in the state having jurisdiction of the subject matter and be 17 served as hereinafter provided. Service of such summons shall be made by 18 mailing a copy thereof to the office of the secretary of state at [his] 19 the office of the secretary of state in either the city of Albany or New 20 York, or by personally delivering a copy thereof to one of [his] the 21 regularly established offices, with a fee of ten dollars, and such 22 service shall be sufficient service upon such non-resident provided that 23 notice of such service and a copy of the summons and complaint are 24 forthwith sent by or on behalf of the plaintiff to the defendant by 25 registered mail with return receipt requested. The plaintiff shall file 26 with the clerk of the court in which the action is pending, or with the 27 judge or justice of such court in case there be no clerk, an affidavit 28 of compliance herewith, a copy of the summons and complaint, and either 29 a return receipt purporting to be signed by the defendant or a person 30 qualified to receive [his] the defendant's registered mail, in accord- 31 ance with the rules [an] and customs of the post-office department; or, 32 if acceptance was refused by the defendant or [his] such defendant's 33 agent, the original envelope bearing a notation by the postal authori- 34 ties that receipt was refused, and an affidavit by or on behalf of the 35 plaintiff that notice of such mailing and refusal was forthwith sent to 36 the defendant by ordinary mail. Where the summons is mailed to a foreign 37 country, other official proof of the delivery of the mail may be filed 38 in case the post-office department is unable to obtain such a return 39 receipt. The foregoing papers shall be filed within thirty days after 40 the return receipt or other official proof of delivery or the original 41 envelope bearing a notation of refusal, as the case may be, is received 42 by the plaintiff. Service of process shall be complete ten days after 43 such papers are filed. The return receipt or other official proof of 44 delivery shall constitute presumptive evidence that the summons mailed 45 was received by the defendant or a person qualified to receive [his] the 46 defendant's registered mail; and the notation or refusal shall consti- 47 tute presumptive evidence that the refusal was by the defendant or [his] 48 the defendant's agent. Service of such summons also may be made by mail- 49 ing a copy thereof to the office of the secretary of state [at this 50 office] in either the city of Albany or New York, or by personally 51 delivering a copy thereof to one of [his] the regularly established 52 offices, with a fee of ten dollars, and by delivering a duplicate copy 53 thereof, with the complaint annexed thereto, to the defendant personally 54 without the state by a resident or citizen of the state of New York or a 55 sheriff, under-sheriff, deputy-sheriff or constable of the county or 56 other political subdivision in which the personal service is made, or an 
 A. 4281 17 1 officer authorized by the laws of this state, to take acknowledgements 2 of deeds to be recorded in this state, or an attorney and/or counselor 3 at law, solicitor, advocate or barrister duly qualified to practice in 4 the state or country where such service is made, or by a United States 5 marshal or deputy United States marshal. Proof of personal service with- 6 out the state shall be filed with the clerk of the court in which the 7 action is pending within thirty days after such service. Personal 8 service without the state is complete ten days after proof thereof is 9 filed. The court in which the action is pending may order such exten- 10 sions as may be necessary to afford the defendant reasonable opportunity 11 to defend the action. 12 Nothing herein shall be construed as affecting other methods of 13 service of process against non-residents as provided by law. 14 § 29. Subdivision 2 of section 74 of the navigation law, as amended by 15 chapter 395 of the laws of 1963, is amended to read as follows: 16 2. A summons and complaint in an action described in this section may 17 issue in any court in the state having jurisdiction of the subject 18 matter and be served as hereinafter provided. Service of such summons 19 and complaint shall be made by mailing a copy thereof to the office of 20 the secretary of state [at his office] in either the city of Albany or 21 New York, or by personally delivering a copy thereof to one of [his] the 22 regularly established offices, with a fee of five dollars, and such 23 service shall be sufficient service upon such non-resident provided that 24 notice of such service and a copy of the summons and complaint are 25 forthwith sent by or on behalf of the plaintiff to the defendant by 26 registered mail with return receipt requested. The plaintiff shall file 27 with the clerk of the court in which the action is pending, or with the 28 judge or justice of such court in case there be no clerk, an affidavit 29 of compliance herewith, a copy of the summons and complaint, and either 30 a return receipt purporting to be signed by the defendant or a person 31 qualified to receive [his] the defendant's registered mail, in accord- 32 ance with the rules and customs of the post office department; or, if 33 acceptance was refused by the defendant or [his] the defendant's agent, 34 the original envelope bearing a notation by the postal authorities that 35 receipt was refused, and an affidavit by or on behalf of the plaintiff 36 that notice of such mailing and refusal was forthwith sent to the 37 defendant by ordinary mail. Where the summons is mailed to a foreign 38 country, other official proof of the delivery of the mail may be filed 39 in case the post-office department is unable to obtain such a return 40 receipt. The foregoing papers shall be filed within thirty days after 41 the return receipt or other official proof of delivery or the original 42 envelope bearing a notation of refusal, as the case may be, is received 43 by the plaintiff. Service of process shall be complete when such papers 44 are filed. The return receipt or other official proof of delivery shall 45 constitute presumptive evidence that the summons mailed was received by 46 the defendant or a person qualified to receive [his] the defendant's 47 registered mail; and the notation of refusal shall constitute presump- 48 tive evidence that the refusal was by the defendant or [his] the defend- 49 ant's agent. Service of such summons also may be made by mailing a copy 50 thereof to the office of the secretary of state at [his] the office of 51 the secretary of state in either the city of Albany or New York, or by 52 personally delivering a copy thereof to one of [his] the regularly 53 established offices, with a fee of five dollars, and by delivering a 54 duplicate copy thereof, with the complaint annexed thereto, to the 55 defendant personally without the state by a resident or citizen of the 56 state of New York or a sheriff, under-sheriff, deputy-sheriff or consta- 
 A. 4281 18 1 ble of the county or other political subdivision in which the personal 2 service is made, or an officer authorized by the laws of this state, to 3 take acknowledgments of deeds to be recorded in this state, or an attor- 4 ney and/or counselor at law, solicitor, advocate or barrister duly qual- 5 ified to practice in the state or country where such service is made, or 6 by a United States marshal or deputy United States marshal. Proof of 7 personal service without the state shall be filed with the clerk of the 8 court in which the action is pending within thirty days after such 9 service. Personal service without the state is complete when proof ther- 10 eof is filed. The court in which the action is pending may order such 11 extension as may be necessary to afford the defendant reasonable oppor- 12 tunity to defend the action. 13 § 30. Subdivision 2 of section 253 of the vehicle and traffic law, as 14 amended by chapter 166 of the laws of 1991, is amended to read as 15 follows: 16 2. A summons in an action described in this section may issue in any 17 court in the state having jurisdiction of the subject matter and be 18 served as hereinafter provided. Service of such summons shall be made by 19 mailing a copy thereof to the office of the secretary of state at [his] 20 the office of the secretary of state either in the city of Albany or New 21 York, or by personally delivering a copy thereof to one of [his] the 22 regularly established offices, with a fee of ten dollars, and such 23 service shall be sufficient service upon such non-resident provided that 24 notice of such service and a copy of the summons and complaint are 25 forthwith sent by or on behalf of the plaintiff to the defendant by 26 certified mail or registered mail with return receipt requested. The 27 plaintiff shall file with the clerk of the court in which the action is 28 pending, or with the judge or justice of such court in case there be no 29 clerk, an affidavit of compliance herewith, a copy of the summons and 30 complaint, and either a return receipt purporting to be signed by the 31 defendant or a person qualified to receive [his] the defendant's certi- 32 fied mail or registered mail, in accordance with the rules and customs 33 of the post-office department; or, if acceptance was refused by the 34 defendant or [his] the defendant's agent, the original envelope bearing 35 a notation by the postal authorities that receipt was refused, and an 36 affidavit by or on behalf of the plaintiff that notice of such mailing 37 and refusal was forthwith sent to the defendant by ordinary mail; or, if 38 the registered or certified letter was returned to the post office 39 unclaimed, the original envelope bearing a notation by the postal 40 authorities of such mailing and return, an affidavit by or on behalf of 41 the plaintiff that the summons was posted again by ordinary mail and 42 proof of mailing certificate of ordinary mail. Where the summons is 43 mailed to a foreign country, other official proof of the delivery of the 44 mail may be filed in case the post-office department is unable to obtain 45 such a return receipt. The foregoing papers shall be filed within thirty 46 days after the return receipt or other official proof of delivery or the 47 original envelope bearing a notation of refusal, as the case may be, is 48 received by the plaintiff. Service of process shall be complete when 49 such papers are filed. The return receipt or other official proof of 50 delivery shall constitute presumptive evidence that the summons mailed 51 was received by the defendant or a person qualified to receive [his] the 52 defendant's certified mail or registered mail; and the notation of 53 refusal shall constitute presumptive evidence that the refusal was by 54 the defendant or [his] the defendant's agent. Service of such summons 55 also may be made by mailing a copy thereof to the office of the secre- 56 tary of state at [his] the office of the secretary of state in either 
 A. 4281 19 1 the city of Albany or New York, or by personally delivering a copy ther- 2 eof to one of [his] the regularly established offices, with a fee of ten 3 dollars, and by delivering a duplicate copy thereof with the complaint 4 annexed thereto, to the defendant personally without the state by a 5 resident or citizen of the state of New York or a sheriff, under-sher- 6 iff, deputy-sheriff or constable of the county or other political subdi- 7 vision in which the personal service is made, or an officer authorized 8 by the laws of this state, to take acknowledgements of deeds to be 9 recorded in this state, or an attorney and/or counselor at law, solici- 10 tor, advocate or barrister duly qualified to practice in the state or 11 country where such service is made, or by a United States [marshall] 12 marshal or deputy United States [marshall] marshal. Proof of personal 13 service without the state shall be filed with the clerk of the court in 14 which the action is pending within thirty days after such service. 15 Personal service without the state is complete when proof thereof is 16 filed. The court in which the action is pending may order such exten- 17 sions as may be necessary to afford the defendant reasonable opportunity 18 to defend the action. 19 § 31. This act shall take effect on the one hundred eightieth day 20 after it shall have become a law.