S 7471: Expands service of process to the department of state in the city of New York.

  
  STATE OF NEW YORK ________________________________________________________________________ 7471 2025-2026 Regular Sessions  IN SENATE April 17, 2025 ___________ 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: 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08103-02-5 
 S. 7471 2 1 the case of a domestic corporation, in care of any director named in its 2 certificate of incorporation at the director's address stated therein 3 or, in the case of an authorized foreign corporation, to such corpo- 4 ration at the address of its office within this state on file in the 5 department. (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, provided the domestic or authorized foreign corpo- 9 ration has an email address on file in the department of state to which 10 the secretary of state shall email a notice of the fact that process has 11 been served electronically on the secretary of state. Service of proc- 12 ess on such corporation shall be complete when the secretary of state 13 has reviewed and accepted service of such process. The secretary of 14 state shall promptly send a notice of the fact that process has been 15 served to such corporation at the email address on file in the depart- 16 ment of state, specified for the purpose and shall make a copy of the 17 process available to such corporation. 18 § 2. The executive law is amended by adding a new section 92-a to read 19 as follows: 20 § 92-a. Service of process. In any case in which service of process on 21 the secretary of state as agent or attorney of an organization, associ- 22 ation, partnership, corporation, company, trust or other person or enti- 23 ty is authorized by law at the office of the department of state in the 24 city of Albany, service of process on the secretary of state may be made 25 by personal delivery to the secretary of state or a deputy, or any 26 person authorized by the secretary of state to receive such service, at 27 the office of the department of state in the city of New York. The 28 secretary of state shall so authorize appropriate persons at such 29 office. 30 § 3. Subdivision 2 of section 172-c of the executive law, as amended 31 by chapter 43 of the laws of 2002, is amended to read as follows: 32 2. Service of such process upon the secretary of state shall be made 33 by personally delivering to and leaving with the secretary of state or 34 any person authorized by the secretary of state to accept such service a 35 copy thereof at the office of the department of state in either the city 36 of Albany or New York, and such service shall be sufficient service 37 provided that notice of such service and a copy of such process are 38 forthwith sent by the attorney general or any other party to such chari- 39 table organization by certified mail with return receipt requested, at 40 its office as set forth in the registration form required to be filed 41 with the attorney general pursuant to section one hundred seventy-two of 42 this article, or in default of the filing of such form, at the last 43 address known to the attorney general or any other party. Service of 44 such process shall be complete upon the receipt by the attorney general 45 or any other party of a return receipt purporting to be signed by the 46 addressee or a person qualified to receive its certified mail, in 47 accordance with the rules and customs of the post office department, or, 48 if acceptance was refused by the addressee or its agent, ten days after 49 the return to the attorney general or any other party of a notation by 50 the postal authorities that receipt thereof was refused. 51 § 4. Subdivision 2 of section 173-c of the executive law, as amended 52 by chapter 43 of the laws of 2002, is amended to read as follows: 53 2. Service of such process or notice upon the secretary of state shall 54 be made by personally delivering to and leaving with the secretary of 55 state or any person authorized by the secretary of state to accept such 56 service a copy thereof at the office of the department of state in 
 S. 7471 3 1 either the city of Albany or New York, and such service shall be suffi- 2 cient service provided that notice of such service and a copy of such 3 process are forthwith sent by the attorney general or other party as the 4 case may be to such professional fund raiser, fund raising counsel, 5 professional solicitor or commercial co-venturer by certified mail with 6 return receipt requested, at the office address as set forth in the 7 registration form required to be filed with the attorney general pursu- 8 ant to sections one hundred seventy-three and one hundred 9 seventy-three-b of this article, or in default of the filing of such 10 form, at the last address known to the attorney general or other party. 11 Service of such process shall be complete ten days after the receipt by 12 the attorney general or other party of a return receipt purporting to be 13 signed by the addressee or a person qualified to receive the addressee's 14 certified mail, in accordance with the rules and customs of the post 15 office department, or, if acceptance was refused by the addressee or the 16 agent, ten days after the return to the attorney general or other party 17 of the original envelope bearing a notation by the postal authorities 18 that receipt thereof was refused. 19 § 5. Section 19 of the general associations law, as amended by section 20 16 of part KK of chapter 56 of the laws of 2021, is amended to read as 21 follows: 22 § 19. Service of process. Service of process against an association 23 upon the secretary of state shall be made in the manner provided by 24 subdivision one or two of this section. Either option of service author- 25 ized pursuant to this section shall be available at no extra cost to the 26 consumer. (1) Personally delivering to and leaving with [him or her] the 27 secretary of state or with a person authorized by the secretary of state 28 to receive such service, duplicate copies of such process at the office 29 of the department of state in either the city of Albany or New York. At 30 the time of such service the plaintiff shall pay a fee of forty dollars 31 to the secretary of state which shall be a taxable disbursement. The 32 secretary of state shall promptly send by certified mail one of such 33 copies to the association at the address fixed for that purpose, as 34 herein provided. (2) Electronically submitting a copy of the process to 35 the department of state together with the statutory fee, which fee shall 36 be a taxable disbursement, through an electronic system operated by the 37 department of state, provided the association has an email address on 38 file in the department of state to which the secretary of state shall 39 email a notice of the fact that process has been served electronically 40 on the secretary of state. Service of process on such association shall 41 be complete when the secretary of state has reviewed and accepted 42 service of such process. The secretary of state shall promptly send a 43 notice of the fact that process against such association has been served 44 electronically upon [him or her] the secretary of state, to such associ- 45 ation at the email address on file in the department of state, specified 46 for the purpose and shall make a copy of the process available to such 47 association. If the action or proceeding is instituted in a court of 48 limited jurisdiction, service of process may be made in the manner 49 provided in this section if the cause of action arose within the terri- 50 torial jurisdiction of the court and the office of the defendant, as set 51 forth in its statement filed pursuant to section eighteen of this [chap- 52 ter] article, is within such territorial jurisdiction. 53 § 6. Paragraph 1 of subdivision (b) of section 304 of the limited 54 liability company law, as amended by section 22 of part KK of chapter 56 55 of the laws of 2021, is amended to read as follows: 
 S. 7471 4 1 (1) Personally delivering to and leaving with the secretary of state 2 or [his or her] the deputy of the secretary of state, or with any person 3 authorized by the secretary of state to receive such service, at the 4 office of the department of state in either the city of Albany or New 5 York, a copy of such process together with the statutory fee, which fee 6 shall be a taxable disbursement. 7 § 7. Paragraph (b) of section 306 of the not-for-profit corporation 8 law, as amended by section 30 of part KK of chapter 56 of the laws of 9 2021, is amended to read as follows: 10 (b) Service of process on the secretary of state as agent of a domes- 11 tic corporation formed under article four of this chapter or an author- 12 ized foreign corporation shall be made in the manner provided by subpar- 13 agraph one or two of this paragraph. (1) Personally delivering to and 14 leaving with the secretary of state or [his or her] the deputy of the 15 secretary of state, or with any person authorized by the secretary of 16 state to receive such service, at the office of the department of state 17 in either the city of Albany or New York, duplicate copies of such proc- 18 ess together with the statutory fee, which fee shall be a taxable 19 disbursement. Service of process on such corporation shall be complete 20 when the secretary of state is so served. The secretary of state shall 21 promptly send one of such copies by certified mail, return receipt 22 requested, to such corporation, at the post office address, on file in 23 the department of state, specified for the purpose. If a domestic corpo- 24 ration formed under article four of this chapter or an authorized 25 foreign corporation has no such address on file in the department of 26 state, the secretary of state shall so mail such copy to such corpo- 27 ration at the address of its office within this state on file in the 28 department. (2) Electronically submitting a copy of the process to the 29 department of state together with the statutory fee, which fee shall be 30 a taxable disbursement, through an electronic system operated by the 31 department of state, provided the domestic or authorized foreign corpo- 32 ration has an email address on file in the department of state to which 33 the secretary of state shall email a notice of the fact that process has 34 been served electronically on the secretary of state. Service of proc- 35 ess on such corporation shall be complete when the secretary of state 36 has reviewed and accepted service of such process. The secretary of 37 state shall promptly send a notice of the fact that process against such 38 corporation has been served electronically on [him or her] the secretary 39 of state to such corporation at the email address on file in the depart- 40 ment of state, specified for the purpose and shall make a copy of the 41 process available to such corporation. 42 § 8. The opening paragraph of paragraph 2 of subdivision (e) of 43 section 121-104-A of the partnership law, as added by chapter 448 of the 44 laws of 1998, is amended to read as follows: 45 Service of such process upon the secretary of state shall be made by 46 personally delivering to and leaving with [him or his] the secretary of 47 state or the deputy of the secretary of state, or with any person 48 authorized by the secretary of state to receive such service, at the 49 office of the department of state in either the city of Albany or New 50 York, a copy of such process together with the statutory fee, which fee 51 shall be a taxable disbursement. Such service shall be sufficient if 52 notice thereof and a copy of the process are: 53 § 9. The opening paragraph of paragraph 1 of subdivision (a) of 54 section 121-109 of the partnership law, as amended by section 41 of part 55 KK of chapter 56 of the laws of 2021, is amended to read as follows: 
 S. 7471 5 1 By personally delivering to and leaving with [him or her or his or 2 her] the secretary of state or the deputy of the secretary of state, or 3 with any person authorized by the secretary of state to receive such 4 service, at the office of the department of state in either the city of 5 Albany or New York, duplicate copies of such process together with the 6 statutory fee, which fee shall be a taxable disbursement. 7 § 10. Subdivision (a) of section 121-1505 of the partnership law, as 8 amended by section 52 of part KK of chapter 56 of the laws of 2021, is 9 amended to read as follows: 10 (a) Service of process on the secretary of state as agent of a regis- 11 tered limited liability partnership or New York registered foreign 12 limited liability partnership under this article shall be made in the 13 manner provided by paragraph one or two of this subdivision. Either 14 option of service authorized pursuant to this subdivision shall be 15 available at no extra cost to the consumer. (1) Personally delivering to 16 and leaving with the secretary of state or a deputy, or with any person 17 authorized by the secretary of state to receive such service, at the 18 office of the department of state in either the city of Albany or New 19 York, duplicate copies of such process together with the statutory fee, 20 which fee shall be a taxable disbursement. Service of process on such 21 registered limited liability partnership shall be complete when the 22 secretary of state is so served. The secretary of state shall promptly 23 send one of such copies by certified mail, return receipt requested, to 24 such registered limited liability partnership, at the post office 25 address on file in the department of state specified for such purpose. 26 (2) Electronically submitting a copy of the process to the department of 27 state together with the statutory fee, which fee shall be a taxable 28 disbursement, through an electronic system operated by the department of 29 state, provided the registered limited liability partnership or New York 30 registered foreign limited liability partnership has an email address on 31 file in the department of state to which the secretary of state shall 32 email a notice of the fact that process against such registered limited 33 liability partnership or New York registered foreign limited liability 34 partnership served has been electronically served on the secretary of 35 state. Service of process on such registered limited liability partner- 36 ship or New York registered foreign limited liability partnership shall 37 be complete when the secretary of state has reviewed and accepted 38 service of such process. The secretary of state shall promptly send a 39 notice of the fact that process against such registered limited liabil- 40 ity partnership or New York registered foreign limited liability part- 41 nership has been served electronically upon [him or her] the secretary 42 of state, to such registered limited liability partnership or New York 43 registered foreign limited liability partnership at the email address on 44 file in the department of state, specified for the purpose and shall 45 make a copy of the process available to such registered limited liabil- 46 ity partnership or New York registered foreign limited liability part- 47 nership. 48 § 11. The opening paragraph of paragraph 2 of subdivision (f) of 49 section 121-1506 of the partnership law, as added by chapter 448 of the 50 laws of 1998, is amended to read as follows: 51 Service of such process upon the secretary of state shall be made by 52 personally delivering to and leaving with [him or his] the secretary of 53 state or the deputy of the secretary of state, or with any person 54 authorized by the secretary of state to receive such service, at the 55 office of the department of state in either the city of Albany or New 56 York, a copy of such process together with the statutory fee, which fee 
 S. 7471 6 1 shall be a taxable disbursement. Such service shall be sufficient if 2 notice thereof and a copy of the process are: 3 § 12. Subdivision 2 of section 203 of the tax law, as amended by chap- 4 ter 100 of the laws of 1964, is amended to read as follows: 5 2. Every foreign corporation (other than a moneyed corporation) 6 subject to the provisions of this article, except a corporation having a 7 certificate of authority under former section two hundred twelve of the 8 general corporation law or having authority to do business by virtue of 9 section thirteen hundred five of the business corporation law, shall 10 file in the department of state a certificate of designation in its 11 corporate name, signed and acknowledged by its president or a vice-pre- 12 sident or its secretary or treasurer, under its corporate seal, desig- 13 nating the secretary of state as its agent upon whom process in any 14 action provided for by this article may be served within this state, and 15 setting forth an address to which the secretary of state shall mail a 16 copy of any such process against the corporation which may be served 17 upon [him] the secretary of state. In case any such corporation shall 18 have failed to file such certificate of designation, it shall be deemed 19 to have designated the secretary of state as its agent upon whom such 20 process against it may be served; and until a certificate of designation 21 shall have been filed the corporation shall be deemed to have directed 22 the secretary of state to mail copies of process served upon [him] the 23 secretary of state to the corporation at its last known office address 24 within or without the state. When a certificate of designation has been 25 filed by such corporation the secretary of state shall mail copies of 26 process thereafter served upon [him] the secretary of state to the 27 address set forth in such certificate. Any such corporation, from time 28 to time, may change the address to which the secretary of state is 29 directed to mail copies of process, by filing a certificate to that 30 effect executed, signed and acknowledged in like manner as a certificate 31 of designation as herein provided. Service of process upon any such 32 corporation or upon any corporation having a certificate of authority 33 under former section two hundred twelve of the general corporation law 34 or having authority to do business by virtue of section thirteen hundred 35 five of the business corporation law, in any action commenced at any 36 time pursuant to the provisions of this article, may be made by either 37 (1) personally delivering to and leaving with the secretary of state, a 38 deputy secretary of state or with any person authorized by the secretary 39 of state to receive such service duplicate copies thereof at the office 40 of the department of state in either the city of Albany or New York, in 41 which event the secretary of state shall forthwith send by registered 42 mail, return receipt requested, one of such copies to the corporation at 43 the address designated by it or at its last known office address within 44 or without the state, or (2) personally delivering to and leaving with 45 the secretary of state, a deputy secretary of state or with any person 46 authorized by the secretary of state to receive such service, a copy 47 thereof at the office of the department of state in either the city of 48 Albany or New York and by delivering a copy thereof to, and leaving such 49 copy with, the president, vice-president, secretary, assistant secre- 50 tary, treasurer, assistant treasurer, or cashier of such corporation, or 51 the officer performing corresponding functions under another name, or a 52 director or managing agent of such corporation, personally without the 53 state. Proof of such personal service without the state shall be filed 54 with the clerk of the court in which the action is pending within thirty 55 days after such service, and such service shall be complete ten days 56 after proof thereof is filed. 
 S. 7471 7 1 § 13. Section 216 of the tax law, as added by chapter 415 of the laws 2 of 1944, the opening paragraph as amended by chapter 100 of the laws of 3 1964 and as redesignated by chapter 613 of the laws of 1976, is amended 4 to read as follows: 5 § 216. Collection of taxes. Every foreign corporation (other than a 6 moneyed corporation) subject to the provisions of this article, except a 7 corporation having a certificate of authority under former section two 8 hundred twelve of the general corporation law or having authority to do 9 business by virtue of section thirteen hundred five of the business 10 corporation law, shall file in the department of state a certificate of 11 designation in its corporate name, signed and acknowledged by its presi- 12 dent or a vice-president or its secretary or treasurer, under its corpo- 13 rate seal, designating the secretary of state as its agent upon whom 14 process in any action provided for by this article may be served within 15 this state, and setting forth an address to which the secretary of state 16 shall mail a copy of any such process against the corporation which may 17 be served upon [him] the secretary of state. In case any such corpo- 18 ration shall have failed to file such certificate of designation, it 19 shall be deemed to have designated the secretary of state as its agent 20 upon whom such process against it may be served; and until a certificate 21 of designation shall have been filed the corporation shall be deemed to 22 have directed the secretary of state to mail copies of process served 23 upon [him] the secretary of state to the corporation at its last known 24 office address within or without the state. When a certificate of 25 designation has been filed by such corporation the secretary of state 26 shall mail copies of process thereafter served upon [him] the secretary 27 of state to the address set forth in such certificate. Any such corpo- 28 ration, from time to time, may change the address to which the secretary 29 of state is directed to mail copies of process, by filing a certificate 30 to that effect executed, signed and acknowledged in like manner as a 31 certificate of designation as herein provided. Service of process upon 32 any such corporation or upon any corporation having a certificate of 33 authority under former section two hundred twelve of the general corpo- 34 ration law or having authority to do business by virtue of section thir- 35 teen hundred five of the business corporation law, in any action 36 commenced at any time pursuant to the provisions of this article, may be 37 made by either (1) personally delivering to and leaving with the secre- 38 tary of state, a deputy secretary of state or with any person authorized 39 by the secretary of state to receive such service duplicate copies ther- 40 eof at the office of the department of state in either the city of Alba- 41 ny or New York, in which event the secretary of state shall forthwith 42 send by registered mail, return receipt requested, one of such copies to 43 the corporation at the address designated by it or at its last known 44 office address within or without the state, or (2) personally delivering 45 to and leaving with the secretary of state, a deputy secretary of state 46 or with any person authorized by the secretary of state to receive such 47 service, a copy thereof at the office of the department of state in 48 either the city of Albany or New York and by delivering a copy thereof 49 to, and leaving such copy with, the president, vice-president, secre- 50 tary, assistant secretary, treasurer, assistant treasurer, or cashier of 51 such corporation, or the officer performing corresponding functions 52 under another name, or a director or managing agent of such corporation, 53 personally without the state. Proof of such personal service without 54 the state shall be filed with the clerk of the court in which the action 55 is pending within thirty days after such service, and such service shall 56 be complete ten days after proof thereof is filed. 
 S. 7471 8 1 § 14. Subdivision (b) of section 310 of the tax law, as added by chap- 2 ter 400 of the laws of 1983, is amended to read as follows: 3 (b) Service of process.--Service of process upon any petroleum busi- 4 ness which is a corporation (including any such petroleum business 5 having a certificate of authority under former section two hundred 6 twelve of the general corporation law or having authority to do business 7 by virtue of section thirteen hundred five of the business corporation 8 law), in any action commenced at any time pursuant to the provisions of 9 this article, may be made by either (1) personally delivering to and 10 leaving with the secretary of state, a deputy secretary of state or with 11 any person authorized by the secretary of state to receive such service 12 duplicate copies thereof at the office of the department of state in 13 either the city of Albany or New York, in which event the secretary of 14 state shall forthwith send by registered mail, return receipt requested, 15 one of such copies to such petroleum business at the address designated 16 by it or at its last known office address within or without the state, 17 or (2) personally delivering to and leaving with the secretary of state, 18 a deputy secretary of state or with any person authorized by the secre- 19 tary of state to receive such service, a copy thereof at the office of 20 the department of state in either the city of Albany or New York and by 21 delivering a copy thereof to, and leaving such copy with, the president, 22 vice-president, secretary, assistant secretary, treasurer, assistant 23 treasurer, or cashier of such petroleum business, or the officer 24 performing corresponding functions under another name, or a director or 25 managing agent of such petroleum business, personally without the state. 26 Proof of such personal service without the state shall be filed with the 27 clerk of the court in which the action is pending within thirty days 28 after such service, and such service shall be complete ten days after 29 proof thereof is filed. 30 § 15. Subdivision 5 of section 511 of the tax law, as amended by 31 section 7 of part E of chapter 60 of the laws of 2007, is amended to 32 read as follows: 33 5. The operation by a nonresident of a vehicular unit in this state or 34 the operation in this state of a motor vehicle, trailer, semi-trailer, 35 dolly or other device owned by a nonresident shall be deemed equivalent 36 to an appointment by such nonresident of the secretary of state to be 37 [his] the nonresident's true and lawful attorney upon whom may be served 38 the process in any action or proceeding against [him] the nonresident 39 growing out of any liability for fees, taxes, penalties or interest 40 under this article and such operation shall be deemed a signification of 41 [his] the nonresident's agreement that any such process against [him] 42 the nonresident which is so served shall be of the same legal force and 43 validity as if served on [him] the nonresident personally within the 44 state and within the territorial jurisdiction of the court from which 45 the process issues. Service of process shall be made by either (1) 46 personally delivering to and leaving with the secretary of state or a 47 deputy secretary of state duplicate copies thereof at the office of the 48 department of state in either the city of Albany or New York, in which 49 event the secretary of state shall forthwith send by registered mail one 50 of such copies to the person at the address designated by [him] the 51 nonresident in [his] the nonresident's application for a certificate of 52 registration under this article or in the last return filed by [him] the 53 nonresident under this article or as shown on the records of the commis- 54 sioner, or if no application has been filed, at [his] the nonresident's 55 last known office address within or without the state, or (2) personally 56 delivering to and leaving with the secretary of state or a deputy secre- 
 S. 7471 9 1 tary of state a copy thereof at the office of the department of state in 2 either the city of Albany or New York and by delivering a copy thereof 3 to the person, personally without the state. Proof of such personal 4 service without the state shall be filed with the clerk of the court in 5 which the process is pending within thirty days after such service and 6 such service shall be complete ten days after proof thereof is filed. 7 § 16. The opening paragraph of paragraph 2 of subdivision (e) of 8 section 301-A of the limited liability company law, as added by chapter 9 448 of the laws of 1998, is amended to read as follows: 10 Service of such process upon the secretary of state shall be made by 11 personally delivering to and leaving with [him or his] the secretary of 12 state or the deputy of the secretary of state, or with any person 13 authorized by the secretary of state to receive such service, at the 14 office of the department of state in either the city of Albany or New 15 York, a copy of such process together with the statutory fee, which fee 16 shall be a taxable disbursement. Such service shall be sufficient if 17 notice thereof and a copy of the process are: 18 § 17. Subdivision (a) of section 303 of the limited liability company 19 law, as amended by section 21 of part KK of chapter 56 of the laws of 20 2021, is amended to read as follows: 21 (a) Service of process on the secretary of state as agent of a domes- 22 tic limited liability company or authorized foreign limited liability 23 company shall be made in the manner provided by paragraph one or two of 24 this subdivision. Either option of service authorized pursuant to this 25 subdivision shall be available at no extra cost to the consumer. (1) 26 Personally delivering to and leaving with the secretary of state or [his 27 or her] the deputy of the secretary of state, or with any person author- 28 ized by the secretary of state to receive such service, at the office of 29 the department of state in either the city of Albany or New York, dupli- 30 cate copies of such process together with the statutory fee, which fee 31 shall be a taxable disbursement. Service of process on such limited 32 liability company shall be complete when the secretary of state is so 33 served. The secretary of state shall promptly send one of such copies by 34 certified mail, return receipt requested, to such limited liability 35 company at the post office address on file in the department of state 36 specified for that purpose. (2) Electronically submitting a copy of the 37 process to the department of state together with the statutory fee, 38 which fee shall be a taxable disbursement, through an electronic system 39 operated by the department of state, provided the domestic or authorized 40 foreign limited liability company has an email address on file in the 41 department of state to which the secretary of state shall email a notice 42 of the fact that process has been served electronically on the secretary 43 of state. Service of process on such limited liability company shall be 44 complete when the secretary of state has reviewed and accepted service 45 of such process. The secretary of state shall promptly send a notice of 46 the fact that process against such limited liability company has been 47 served electronically on [him or her] the secretary of state to such 48 limited liability company at the email address on file in the department 49 of state, specified for the purpose and shall make a copy of the process 50 available to such limited liability company. 51 § 18. Subparagraph 1 of paragraph (b) of section 307 of the not-for- 52 profit corporation law, as amended by section 31 of part KK of chapter 53 56 of the laws of 2021, is amended to read as follows: 54 (1) Service of such process upon the secretary of state shall be made 55 in the manner provided by items (i) or (ii) of this subparagraph. 56 Either option of service authorized pursuant to this paragraph shall be 
 S. 7471 10 1 available at no extra cost to the consumer. (i) Personally delivering to 2 and leaving with [him or his] the secretary of state or the deputy of 3 the secretary of state, or with any person authorized by the secretary 4 of state to receive such service, at the office of the department of 5 state in either the city of Albany or New York, a copy of such process 6 together with the statutory fee, which fee shall be a taxable disburse- 7 ment. (ii) Electronically submitting a copy of the process to the 8 department of state together with the statutory fee, which fee shall be 9 a taxable disbursement, through an electronic system operated by the 10 department of state. 11 § 19. The opening paragraph of subparagraph 2 of paragraph (e) of 12 section 306-a of the business corporation law, as added by chapter 469 13 of the laws of 1997, is amended to read as follows: 14 Service of such process upon the secretary of state shall be made by 15 personally delivering to and leaving with [him or his] the secretary of 16 state or the deputy of the secretary of state, or with any person 17 authorized by the secretary of state to receive such service, at the 18 office of the department of state in either the city of Albany or New 19 York, a copy of such process together with the statutory fee, which fee 20 shall be a taxable disbursement. Such service shall be sufficient if 21 notice thereof and a copy of the process are: 22 § 20. The opening paragraph of paragraph (b) of section 307 of the 23 business corporation law, as amended by section 3 of part KK of chapter 24 56 of the laws of 2021, is amended to read as follows: 25 Service of such process upon the secretary of state shall be made in 26 the manner provided by subparagraph [one or two] (i) or (ii) of this 27 paragraph. Either option of service authorized pursuant to this para- 28 graph shall be available at no extra cost to the consumer[. (1)]: (i) 29 Personally delivering to and leaving with [him or his] the secretary of 30 state or the deputy of the secretary of state, or with any person 31 authorized by the secretary of state to receive such service, at the 32 office of the department of state in either the city of Albany or New 33 York, a copy of such process together with the statutory fee, which fee 34 shall be a taxable disbursement[. (2)] (ii) Electronically submitting a 35 copy of the process to the department of state together with the statu- 36 tory fee, which fee shall be a taxable disbursement, through an elec- 37 tronic system operated by the department of state. Such service shall be 38 sufficient if notice thereof and a copy of the process are: 39 § 21. Section 11-609 of the administrative code of the city of New 40 York is amended to read as follows: 41 § 11-609 Collection of taxes. Every foreign corporation (other than a 42 moneyed corporation) subject to the provisions of this subchapter, 43 except a corporation having authority to do business by virtue of 44 section thirteen hundred five of the business corporation law, shall 45 file in the department of state a certificate of designation in its 46 corporate name, signed and acknowledged by its president or a vice-pre- 47 sident or its secretary or treasurer, under its corporate seal, desig- 48 nating the secretary of state as its agent upon whom process in any 49 action provided for by this subchapter may be served within this state, 50 and setting forth an address to which the secretary of state shall mail 51 a copy of any such process against the corporation which may be served 52 upon the secretary of state. In case any such corporation shall have 53 failed to file such certificate of designation, it shall be deemed to 54 have designated the secretary of state as its agent upon whom such proc- 55 ess against it may be served; and until a certificate of designation 56 shall have been filed the corporation shall be deemed to have directed 
 S. 7471 11 1 the secretary of state to mail copies of process served upon [him or 2 her] the secretary of state to the corporation at its last known office 3 address within or without the state. When a certificate of designation 4 has been filed by such corporation the secretary of state shall mail 5 copies of process thereafter served upon the secretary of state to the 6 address set forth in such certificate. Any such corporation, from time 7 to time, may change the address to which the secretary of state is 8 directed to mail copies of process, by filing a certificate to that 9 effect executed, signed and acknowledged in like manner as a certificate 10 of designation as herein provided. Service of process upon any such 11 corporation or upon any corporation having a certificate of authority 12 under former section two hundred twelve of the general corporation law 13 or having authority to do business by virtue of section thirteen hundred 14 five of the business corporation law, in any action commenced at any 15 time pursuant to the provisions of this subchapter, may be made by 16 either: (a) personally delivering to and leaving with the secretary of 17 state, a deputy secretary of state or with any person authorized by the 18 secretary of state to receive such service duplicate copies thereof at 19 the office of the department of state in either the city of Albany or 20 New York, in which event the secretary of state shall forthwith send by 21 registered mail, return receipt requested, one of such copies to the 22 corporation at the address designated by it or at its last known office 23 address within or without the state, or (b) personally delivering to and 24 leaving with the secretary of state, a deputy secretary of state or with 25 any person authorized by the secretary of state to receive such service, 26 a copy thereof at the office of the department of state in either the 27 city of Albany or New York and by delivering a copy thereof to, and 28 leaving such copy with, the president, vice-president, secretary, 29 assistant secretary, treasurer, assistant treasurer, or cashier of such 30 corporation, or the officer performing corresponding functions under 31 another name, or a director or managing agent of such corporation, 32 personally without the state. Proof of such personal service without the 33 state shall be filed with the clerk of the court in which the action is 34 pending within thirty days after such service, and such service shall be 35 complete ten days after proof thereof is filed. 36 § 22. Section 11-659 of the administrative code of the city of New 37 York, as added by section 1 of part D of chapter 60 of the laws of 2015, 38 is amended to read as follows: 39 § 11-659 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 
 S. 7471 12 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 section eight hundred five of the limited liability company law or 11 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 § 23. Subdivision 1 of section 11-665 of the administrative code of 35 the city of New York is amended to read as follows: 36 1. Every foreign corporation (other than a moneyed corporation) 37 subject to the provisions of this subchapter, except a corporation 38 having authority to do business by virtue of section thirteen hundred 39 five of the business corporation law, shall file in the department of 40 state a certificate of designation in its corporate name, signed and 41 acknowledged by its president or vice-president or its secretary or 42 treasurer, under its corporate seal, designating the secretary of state 43 as its agent upon whom process in any action provided for by this 44 subchapter or subchapter five of this chapter may be served within this 45 state, and setting forth an address to which the secretary of state 46 shall mail a copy of any such process against the corporation which may 47 be served upon the secretary of state. In case any such corporation 48 shall have failed to file such certificate of designation, it shall be 49 deemed to have designated the secretary of state as its agent upon whom 50 such process against it may be served; and until a certificate of desig- 51 nation shall have been filed the corporation shall be deemed to have 52 directed the secretary of state to mail copies of process served upon 53 the secretary of state to the corporation at its last known office 54 address within or without the state. When a certificate of designation 55 has been filed by such corporation the secretary of state shall mail 56 copies of process thereafter served upon the secretary of state to the 
 S. 7471 13 1 address set forth in such certificate. Any such corporation, from time 2 to time, may change the address to which the secretary of state is 3 directed to mail copies of process, by filing a certificate to that 4 effect executed, signed and acknowledged in like manner as a certificate 5 of designation as herein provided. Service of process upon any such 6 corporation or upon any corporation having authority to do business by 7 virtue of section thirteen hundred five of the business corporation law, 8 in any action commenced at any time pursuant to the provisions of this 9 subchapter five or former subchapter six of this chapter may be made by 10 either: (1) personally delivering to and leaving with the secretary of 11 state, a deputy secretary of state or with any person authorized by the 12 secretary of state to receive such service duplicate copies thereof at 13 the office of the department of state in either the city of Albany or 14 New York, in which event the secretary of state shall forthwith send by 15 registered mail, return receipt requested, one of such copies to the 16 corporation at the address designated by it or at its last known office 17 address within or without the state, or (2) personally delivering to and 18 leaving with the secretary of state, a deputy secretary of state or with 19 any person authorized by the secretary of state to receive such service, 20 a copy thereof at the office of the department of state in either the 21 city of Albany or New York and by delivering a copy hereof to, and leav- 22 ing such copy with, the president, vice-president, secretary, assistant 23 secretary, treasurer, assistant treasurer, or cashier of such corpo- 24 ration, or the officer performing corresponding functions under another 25 name, or a director or managing agent of such corporation, personally 26 without the state. Proof of such personal service without the state 27 shall be filed with the clerk of the court in which the action is pend- 28 ing within thirty days after such service, and such service shall be 29 complete ten days after proof thereof is filed. 30 § 24. Subdivision 7 of section 339-n of the real property law, as 31 amended by section 53 of part KK of chapter 56 of the laws of 2021, is 32 amended to read as follows: 33 7. A designation of the secretary of state as agent of the corporation 34 or board of managers upon whom process against it may be served and the 35 post office address within or without this state to which the secretary 36 of state shall mail a copy of any process against it served upon [him or 37 her] the secretary of state. The designation may include an email 38 address to which the secretary of state shall email a notice of the fact 39 that process against it has been electronically served upon [him or her] 40 the secretary of state. Service of process on the secretary of state as 41 agent of such corporation or board of managers shall be made in the 42 manner provided by paragraph (a) or (b) of this subdivision. Either 43 option of service authorized pursuant to this subdivision shall be 44 available at no extra cost to the consumer. (a) Personally delivering to 45 and leaving with [him or her or his or her] the secretary of state or 46 the deputy of the secretary of state, or with any person authorized by 47 the secretary of state to receive such service, at the office of the 48 department of state in either the city of Albany or New York, duplicate 49 copies of such process together with the statutory fee, which shall be a 50 taxable disbursement. Service of process on such corporation or board of 51 managers shall be complete when the secretary of state is so served. The 52 secretary of state shall promptly send one of such copies by certified 53 mail, return receipt requested, to such corporation or board of manag- 54 ers, at the post office address, on file in the department of state, 55 specified for such purpose. (b) Electronically submitting a copy of the 56 process to the department of state together with the statutory fee, 
 S. 7471 14 1 which fee shall be a taxable disbursement, through an electronic system 2 operated by the department of state, provided the corporation or board 3 of managers has an email address on file in the department of state to 4 which the secretary of state shall email a notice of the fact that proc- 5 ess against the corporation or board of managers has been served elec- 6 tronically on the secretary of state. Service of process on such corpo- 7 ration or board of managers shall be complete when the secretary of 8 state has reviewed and accepted service of such process. The secretary 9 of state shall promptly send notice of the fact that process has been 10 served electronically on the secretary of state to such corporation or 11 board of managers at the email address on file in the department of 12 state, specified for the purpose and shall make a copy of the process 13 available to such corporation or board of managers. Nothing in this 14 subdivision shall affect the right to serve process in any other manner 15 permitted by law. The corporation or board of managers shall also file 16 with the secretary of state the name and post office address within or 17 without this state to which the secretary of state shall mail a copy of 18 any process against it served upon the secretary of state and shall 19 update the filing as necessary. 20 § 25. Subdivision 3 of section 442-g of the real property law, as 21 amended by chapter 482 of the laws of 1963, is amended to read as 22 follows: 23 3. Service of such process upon the secretary of state shall be made 24 by personally delivering to and leaving with [him or his] the secretary 25 of state or the deputy of the secretary of state or with any person 26 authorized by the secretary of state to receive such service, at the 27 office of the department of state in either the city of Albany or New 28 York, duplicate copies of such process together with a fee of five 29 dollars if the action is solely for the recovery of a sum of money not 30 in excess of two hundred dollars and the process is so endorsed, and a 31 fee of ten dollars in any other action or proceeding, which fee shall be 32 a taxable disbursement. If such process is served upon behalf of a coun- 33 ty, city, town or village, or other political subdivision of the state, 34 the fee to be paid to the secretary of state shall be five dollars, 35 irrespective of the amount involved or the nature of the action on 36 account of which such service of process is made. If the cost of regis- 37 tered mail for transmitting a copy of the process shall exceed two 38 dollars, an additional fee equal to such excess shall be paid at the 39 time of the service of such process. Proof of service shall be by affi- 40 davit of compliance with this subdivision filed by or on behalf of the 41 plaintiff together with the process, within ten days after such service, 42 with the clerk of the court in which the action or special proceeding is 43 pending. Service made as provided in this section shall be complete ten 44 days after such papers are filed with the clerk of the court and shall 45 have the same force and validity as if served on [him] the secretary of 46 state personally within the state and within the territorial jurisdic- 47 tion of the court from which the process issues. 48 § 26. Subdivision 2 of section 250 of the general business law, as 49 amended by chapter 103 of the laws of 1981, is amended to read as 50 follows: 51 2. A summons in an action described in this section may issue in any 52 court in the state having jurisdiction of the subject matter and be 53 served as hereinafter provided. Service of such summons shall be made by 54 mailing a copy thereof to the office of the secretary of state [at his 55 office] in either the city of Albany or New York, or by personally 56 delivering a copy thereof to one of [his] the regularly established 
 S. 7471 15 1 offices, with a fee of ten dollars, and such service shall be sufficient 2 service upon such nonresident provided that notice of such service and a 3 copy of the summons and complaint are forthwith sent by or on behalf of 4 the plaintiff to the defendant by registered mail with return receipt 5 requested. The plaintiff shall file with the clerk of the court in which 6 the action is pending, or with the judge or justice of such court in 7 case there be no clerk, an affidavit of compliance herewith, a copy of 8 the summons and complaint, and either a return receipt purporting to be 9 signed by the defendant or a person qualified to receive [his] the 10 defendant's registered mail, in accordance with the rules and customs of 11 the post office department; or, if acceptance was refused by the defend- 12 ant or [his] the defendant's agent, the original envelope bearing a 13 notation by the postal authorities that receipt was refused, and an 14 affidavit by or on behalf of the plaintiff that notice of such mailing 15 and refusal was forthwith sent to the defendant by ordinary mail. Where 16 the summons is mailed to a foreign country, other official proof of the 17 delivery of the mail may be filed in case the post office department is 18 unable to obtain such a return receipt. The foregoing papers shall be 19 filed within thirty days after the return receipt or other official 20 proof of delivery or the original envelope bearing a notation of 21 refusal, as the case may be, is received by the plaintiff. Service of 22 process shall be complete when such papers are filed. The return receipt 23 or other official proof of delivery shall constitute presumptive 24 evidence that the summons mailed was received by the defendant or a 25 person qualified to receive [his] the defendant's registered mail; and 26 the notation of refusal shall constitute presumptive evidence that the 27 refusal was by the defendant or [his] the defendant's agent. Service of 28 such summons also may be made by mailing a copy thereof to the office of 29 the secretary of state [at his office] in either the city of Albany or 30 New York, or by personally delivering a copy thereof to one of [his] the 31 regularly established offices, with a fee of ten dollars, and by deliv- 32 ering a duplicate copy thereof, with a complaint annexed thereto, to the 33 defendant personally without the state by a resident or citizen of the 34 state of New York or a sheriff, under-sheriff, deputy-sheriff or consta- 35 ble of the county or other political subdivision in which the personal 36 service is made, or an officer authorized by the laws of this state, to 37 take acknowledgments of deeds to be recorded in this state, or an attor- 38 ney and/or counselor at law, solicitor, advocate or barrister duly qual- 39 ified to practice in the state or country where such service is made, or 40 by a United States marshal or deputy United States marshal. Proof of 41 personal service without the state shall be filed with the clerk of the 42 court in which the action is pending within thirty days after such 43 service. Personal service without the state is complete when proof ther- 44 eof is filed. The court in which the action is pending may order such 45 extensions as may be necessary to afford the defendant reasonable oppor- 46 tunity to defend the action. 47 § 27. Subdivision 2 of section 352-b of the general business law, as 48 amended by chapter 252 of the laws of 1983, is amended to read as 49 follows: 50 2. Service of such process upon the secretary of state shall be made 51 by personally delivering to and leaving with [him] the secretary of 52 state or a deputy secretary of state a copy thereof at the office of the 53 department of state in either the city of Albany or New York, and such 54 service shall be sufficient service provided that notice of such service 55 and a copy of such process are forthwith sent by the attorney general to 56 such person, partnership, corporation, company, trust or association, by 
 S. 7471 16 1 registered or certified mail with return receipt requested, at [his or 2 its] the addressee's office as set forth in the "broker-dealer's state- 3 ment", "salesman's statement" or "investment advisor's statement" filed 4 in the department of law pursuant to section three hundred fifty-nine-e 5 or section three hundred fifty-nine-eee of this article, or in default 6 of the filing of such statement, at the last address known to the attor- 7 ney general. Service of such process shall be complete on receipt by the 8 attorney general of a return receipt purporting to be signed by the 9 addressee or a person qualified to receive [his or its] the addressee's 10 registered or certified mail, in accordance with the rules and customs 11 of the post office department, or, if acceptance was refused by the 12 addressee or [his or its] the addressee's agent, on return to the attor- 13 ney general of the original envelope bearing a notation by the postal 14 authorities that receipt thereof was refused. 15 § 28. Subdivision 2 of section 48 of the navigation law, as amended by 16 chapter 166 of the laws of 1991, is amended to read as follows: 17 2. A summons in an action described in this section may issue in any 18 court in the state having jurisdiction of the subject matter and be 19 served as hereinafter provided. Service of such summons shall be made by 20 mailing a copy thereof to the office of the secretary of state at [his] 21 the office of the secretary of state in either the city of Albany or New 22 York, or by personally delivering a copy thereof to one of [his] the 23 regularly established offices, with a fee of ten dollars, and such 24 service shall be sufficient service upon such non-resident provided that 25 notice of such service and a copy of the summons and complaint are 26 forthwith sent by or on behalf of the plaintiff to the defendant by 27 registered mail with return receipt requested. The plaintiff shall file 28 with the clerk of the court in which the action is pending, or with the 29 judge or justice of such court in case there be no clerk, an affidavit 30 of compliance herewith, a copy of the summons and complaint, and either 31 a return receipt purporting to be signed by the defendant or a person 32 qualified to receive [his] the defendant's registered mail, in accord- 33 ance with the rules [an] and customs of the post-office department; or, 34 if acceptance was refused by the defendant or [his] such defendant's 35 agent, the original envelope bearing a notation by the postal authori- 36 ties that receipt was refused, and an affidavit by or on behalf of the 37 plaintiff that notice of such mailing and refusal was forthwith sent to 38 the defendant by ordinary mail. Where the summons is mailed to a foreign 39 country, other official proof of the delivery of the mail may be filed 40 in case the post-office department is unable to obtain such a return 41 receipt. The foregoing papers shall be filed within thirty days after 42 the return receipt or other official proof of delivery or the original 43 envelope bearing a notation of refusal, as the case may be, is received 44 by the plaintiff. Service of process shall be complete ten days after 45 such papers are filed. The return receipt or other official proof of 46 delivery shall constitute presumptive evidence that the summons mailed 47 was received by the defendant or a person qualified to receive [his] the 48 defendant's registered mail; and the notation or refusal shall consti- 49 tute presumptive evidence that the refusal was by the defendant or [his] 50 the defendant's agent. Service of such summons also may be made by mail- 51 ing a copy thereof to the office of the secretary of state [at this 52 office] in either the city of Albany or New York, or by personally 53 delivering a copy thereof to one of [his] the regularly established 54 offices, with a fee of ten dollars, and by delivering a duplicate copy 55 thereof, with the complaint annexed thereto, to the defendant personally 56 without the state by a resident or citizen of the state of New York or a 
 S. 7471 17 1 sheriff, under-sheriff, deputy-sheriff or constable of the county or 2 other political subdivision in which the personal service is made, or an 3 officer authorized by the laws of this state, to take acknowledgements 4 of deeds to be recorded in this state, or an attorney and/or counselor 5 at law, solicitor, advocate or barrister duly qualified to practice in 6 the state or country where such service is made, or by a United States 7 marshal or deputy United States marshal. Proof of personal service with- 8 out the state shall be filed with the clerk of the court in which the 9 action is pending within thirty days after such service. Personal 10 service without the state is complete ten days after proof thereof is 11 filed. The court in which the action is pending may order such exten- 12 sions as may be necessary to afford the defendant reasonable opportunity 13 to defend the action. 14 Nothing herein shall be construed as affecting other methods of 15 service of process against non-residents as provided by law. 16 § 29. Subdivision 2 of section 74 of the navigation law, as amended by 17 chapter 395 of the laws of 1963, is amended to read as follows: 18 2. A summons and complaint in an action described in this section may 19 issue in any court in the state having jurisdiction of the subject 20 matter and be served as hereinafter provided. Service of such summons 21 and complaint shall be made by mailing a copy thereof to the office of 22 the secretary of state [at his office] in either the city of Albany or 23 New York, or by personally delivering a copy thereof to one of [his] the 24 regularly established offices, with a fee of five dollars, and such 25 service shall be sufficient service upon such non-resident provided that 26 notice of such service and a copy of the summons and complaint are 27 forthwith sent by or on behalf of the plaintiff to the defendant by 28 registered mail with return receipt requested. The plaintiff shall file 29 with the clerk of the court in which the action is pending, or with the 30 judge or justice of such court in case there be no clerk, an affidavit 31 of compliance herewith, a copy of the summons and complaint, and either 32 a return receipt purporting to be signed by the defendant or a person 33 qualified to receive [his] the defendant's registered mail, in accord- 34 ance with the rules and customs of the post office department; or, if 35 acceptance was refused by the defendant or [his] the defendant's agent, 36 the original envelope bearing a notation by the postal authorities that 37 receipt was refused, and an affidavit by or on behalf of the plaintiff 38 that notice of such mailing and refusal was forthwith sent to the 39 defendant by ordinary mail. Where the summons is mailed to a foreign 40 country, other official proof of the delivery of the mail may be filed 41 in case the post-office department is unable to obtain such a return 42 receipt. The foregoing papers shall be filed within thirty days after 43 the return receipt or other official proof of delivery or the original 44 envelope bearing a notation of refusal, as the case may be, is received 45 by the plaintiff. Service of process shall be complete when such papers 46 are filed. The return receipt or other official proof of delivery shall 47 constitute presumptive evidence that the summons mailed was received by 48 the defendant or a person qualified to receive [his] the defendant's 49 registered mail; and the notation of refusal shall constitute presump- 50 tive evidence that the refusal was by the defendant or [his] the defend- 51 ant's agent. Service of such summons also may be made by mailing a copy 52 thereof to the office of the secretary of state at [his] the office of 53 the secretary of state in either the city of Albany or New York, or by 54 personally delivering a copy thereof to one of [his] the regularly 55 established offices, with a fee of five dollars, and by delivering a 56 duplicate copy thereof, with the complaint annexed thereto, to the 
 S. 7471 18 1 defendant personally without the state by a resident or citizen of the 2 state of New York or a sheriff, under-sheriff, deputy-sheriff or consta- 3 ble of the county or other political subdivision in which the personal 4 service is made, or an officer authorized by the laws of this state, to 5 take acknowledgments of deeds to be recorded in this state, or an attor- 6 ney and/or counselor at law, solicitor, advocate or barrister duly qual- 7 ified to practice in the state or country where such service is made, or 8 by a United States marshal or deputy United States marshal. Proof of 9 personal service without the state shall be filed with the clerk of the 10 court in which the action is pending within thirty days after such 11 service. Personal service without the state is complete when proof ther- 12 eof is filed. The court in which the action is pending may order such 13 extension as may be necessary to afford the defendant reasonable oppor- 14 tunity to defend the action. 15 § 30. Subdivision 2 of section 253 of the vehicle and traffic law, as 16 amended by chapter 166 of the laws of 1991, is amended to read as 17 follows: 18 2. A summons in an action described in this section may issue in any 19 court in the state having jurisdiction of the subject matter and be 20 served as hereinafter provided. Service of such summons shall be made by 21 mailing a copy thereof to the office of the secretary of state at [his] 22 the office of the secretary of state either in the city of Albany or New 23 York, or by personally delivering a copy thereof to one of [his] the 24 regularly established offices, with a fee of ten dollars, and such 25 service shall be sufficient service upon such non-resident provided that 26 notice of such service and a copy of the summons and complaint are 27 forthwith sent by or on behalf of the plaintiff to the defendant by 28 certified mail or registered mail with return receipt requested. The 29 plaintiff shall file with the clerk of the court in which the action is 30 pending, or with the judge or justice of such court in case there be no 31 clerk, an affidavit of compliance herewith, a copy of the summons and 32 complaint, and either a return receipt purporting to be signed by the 33 defendant or a person qualified to receive [his] the defendant's certi- 34 fied mail or registered mail, in accordance with the rules and customs 35 of the post-office department; or, if acceptance was refused by the 36 defendant or [his] the defendant's agent, the original envelope bearing 37 a notation by the postal authorities that receipt was refused, and an 38 affidavit by or on behalf of the plaintiff that notice of such mailing 39 and refusal was forthwith sent to the defendant by ordinary mail; or, if 40 the registered or certified letter was returned to the post office 41 unclaimed, the original envelope bearing a notation by the postal 42 authorities of such mailing and return, an affidavit by or on behalf of 43 the plaintiff that the summons was posted again by ordinary mail and 44 proof of mailing certificate of ordinary mail. Where the summons is 45 mailed to a foreign country, other official proof of the delivery of the 46 mail may be filed in case the post-office department is unable to obtain 47 such a return receipt. The foregoing papers shall be filed within thirty 48 days after the return receipt or other official proof of delivery or the 49 original envelope bearing a notation of refusal, as the case may be, is 50 received by the plaintiff. Service of process shall be complete when 51 such papers are filed. The return receipt or other official proof of 52 delivery shall constitute presumptive evidence that the summons mailed 53 was received by the defendant or a person qualified to receive [his] the 54 defendant's certified mail or registered mail; and the notation of 55 refusal shall constitute presumptive evidence that the refusal was by 56 the defendant or [his] the defendant's agent. Service of such summons 
 S. 7471 19 1 also may be made by mailing a copy thereof to the office of the secre- 2 tary of state at [his] the office of the secretary of state in either 3 the city of Albany or New York, or by personally delivering a copy ther- 4 eof to one of [his] the regularly established offices, with a fee of ten 5 dollars, and by delivering a duplicate copy thereof with the complaint 6 annexed thereto, to the defendant personally without the state by a 7 resident or citizen of the state of New York or a sheriff, under-sher- 8 iff, deputy-sheriff or constable of the county or other political subdi- 9 vision in which the personal service is made, or an officer authorized 10 by the laws of this state, to take acknowledgements of deeds to be 11 recorded in this state, or an attorney and/or counselor at law, solici- 12 tor, advocate or barrister duly qualified to practice in the state or 13 country where such service is made, or by a United States [marshall] 14 marshal or deputy United States [marshall] marshal. Proof of personal 15 service without the state shall be filed with the clerk of the court in 16 which the action is pending within thirty days after such service. 17 Personal service without the state is complete when proof thereof is 18 filed. The court in which the action is pending may order such exten- 19 sions as may be necessary to afford the defendant reasonable opportunity 20 to defend the action. 21 § 31. This act shall take effect on the one hundred eightieth day 22 after it shall have become a law.