STATE OF NEW YORK
        ________________________________________________________________________
                                          3300
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        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. Paragraph 1 of subdivision (b) of section 306 of the  busi-
     2  ness  corporation law, as amended by chapter 419 of the laws of 1990, is
     3  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 by personally deliv-
     6  ering  to  and  leaving with the secretary of state or a deputy, or with
     7  any person authorized by the secretary of state to receive such service,
     8  at the office of the department of state in either the city of Albany or
     9  New York, duplicate copies of such process together with  the  statutory
    10  fee,  which  fee  shall be a taxable disbursement. Service of process on
    11  such corporation shall be complete when the secretary  of  state  is  so
    12  served. The secretary of state shall promptly send one of such copies by
    13  certified  mail,  return  receipt requested, to such corporation, at the
    14  post office address, on file in the department of state,  specified  for
    15  the purpose. If a domestic or authorized foreign corporation has no such
    16  address on file in the department of state, the secretary of state shall
    17  so mail such copy, in the case of a domestic corporation, in care of any
    18  director  named  in  its  certificate of incorporation at the director's
    19  address stated therein or, in the case of an authorized  foreign  corpo-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01341-01-9

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     1  ration,  to  such  corporation  at the address of its office within this
     2  state on file in the department.
     3    § 2. The executive law is amended by adding a new section 92-a to read
     4  as follows:
     5    § 92-a. Service of process. In any case in which service of process on
     6  the  secretary of state as agent or attorney of an organization, associ-
     7  ation, partnership, corporation, company, trust or other person or enti-
     8  ty is authorized by law at the office of the department of state in  the
     9  city of Albany, service of process on the secretary of state may be made
    10  by  personal  delivery  to  the  secretary  of state or a deputy, or any
    11  person authorized by the secretary of state to receive such service,  at
    12  the  office  of  the  department  of  state in the city of New York. The
    13  secretary of state  shall  so  authorize  appropriate  persons  at  such
    14  office.
    15    §  3.  Subdivision 2 of section 172-c of the executive law, as amended
    16  by chapter 43 of the laws of 2002, is amended to read as follows:
    17    2. Service of such process upon the secretary of state shall  be  made
    18  by  personally  delivering to and leaving with the secretary of state or
    19  any person authorized by the secretary of state to accept such service a
    20  copy thereof at the office of the department of state in either the city
    21  of Albany or New York, and such  service  shall  be  sufficient  service
    22  provided  that  notice  of  such  service and a copy of such process are
    23  forthwith sent by the attorney general or any other party to such chari-
    24  table organization by certified mail with return receipt  requested,  at
    25  its  office  as  set forth in the registration form required to be filed
    26  with the attorney general pursuant to section one hundred seventy-two of
    27  this article, or in default of the filing of  such  form,  at  the  last
    28  address  known  to  the  attorney general or any other party. Service of
    29  such process shall be complete upon the receipt by the attorney  general
    30  or  any  other  party of a return receipt purporting to be signed by the
    31  addressee or a person  qualified  to  receive  its  certified  mail,  in
    32  accordance with the rules and customs of the post office department, or,
    33  if  acceptance was refused by the addressee or its agent, ten days after
    34  the return to the attorney general or any other party of a  notation  by
    35  the postal authorities that receipt thereof was refused.
    36    §  4.  Subdivision 2 of section 173-c of the executive law, as amended
    37  by chapter 43 of the laws of 2002, is amended to read as follows:
    38    2. Service of such process or notice upon the secretary of state shall
    39  be made by personally delivering to and leaving with  the  secretary  of
    40  state  or any person authorized by the secretary of state to accept such
    41  service a copy thereof at the office  of  the  department  of  state  in
    42  either  the city of Albany or New York, and such service shall be suffi-
    43  cient service provided that notice of such service and a  copy  of  such
    44  process are forthwith sent by the attorney general or other party as the
    45  case  may  be  to  such  professional fund raiser, fund raising counsel,
    46  professional solicitor or commercial co-venturer by certified mail  with
    47  return  receipt  requested,  at  the  office address as set forth in the
    48  registration form required to be filed with the attorney general  pursu-
    49  ant   to   sections   one   hundred   seventy-three   and   one  hundred
    50  seventy-three-b of this article, or in default of  the  filing  of  such
    51  form,  at the last address known to the attorney general or other party.
    52  Service of such process shall be complete ten days after the receipt  by
    53  the attorney general or other party of a return receipt purporting to be
    54  signed by the addressee or a person qualified to receive the addressee's
    55  certified  mail,  in  accordance  with the rules and customs of the post
    56  office department, or, if acceptance was refused by the addressee or the

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     1  agent, ten days after the return to the attorney general or other  party
     2  of  the  original  envelope bearing a notation by the postal authorities
     3  that receipt thereof was refused.
     4    § 5. Section 19 of the general associations law, as amended by chapter
     5  166 of the laws of 1991, is amended to read as follows:
     6    §  19.  Service  of process. Service of process against an association
     7  upon the secretary of state shall be made by  personally  delivering  to
     8  and  leaving  with  him  or  a deputy secretary of state or an associate
     9  attorney, senior attorney or attorney in the corporation division of the
    10  department of state, duplicate copies of such process at the  office  of
    11  the department of state in either the city of Albany or New York. At the
    12  time  of  such service the plaintiff shall pay a fee of forty dollars to
    13  the secretary of state which shall be a  taxable  disbursement.  If  the
    14  cost  of  registered  mail  for transmitting a copy of the process shall
    15  exceed two dollars, an additional fee equal to such excess shall be paid
    16  at the time of the service of such process. The secretary of state shall
    17  forthwith send by registered mail one of such copies to the  association
    18  at the address fixed for that purpose, as herein provided. If the action
    19  or  proceeding is instituted in a court of limited jurisdiction, service
    20  of process may be made in the manner provided in  this  section  if  the
    21  cause  of  action arose within the territorial jurisdiction of the court
    22  and the office of the defendant, as set forth  in  its  statement  filed
    23  pursuant  to  section eighteen of this [chapter] article, is within such
    24  territorial jurisdiction.
    25    § 6. Subdivision (b) of section 304 of the limited  liability  company
    26  law is amended to read as follows:
    27    (b)  Service of such process upon the secretary of state shall be made
    28  by personally delivering to and leaving with the secretary of  state  or
    29  his  or  her  deputy,  or with any person authorized by the secretary of
    30  state to receive such service, at the office of the department of  state
    31  in either the city of Albany or New York, a copy of such process togeth-
    32  er with the statutory fee, which fee shall be a taxable disbursement.
    33    §  7.  Paragraph  (b) of section 306 of the not-for-profit corporation
    34  law, as amended by chapter 23 of the laws of 2014, is amended to read as
    35  follows:
    36    (b) Service of process on the secretary of state as agent of a  domes-
    37  tic  corporation formed under article four of this chapter or an author-
    38  ized foreign corporation shall be made by personally delivering  to  and
    39  leaving  with  the  secretary of state or his or her deputy, or with any
    40  person authorized by the secretary of state to receive such service,  at
    41  the  office  of  the department of state in either the city of Albany or
    42  New York, duplicate copies of such process together with  the  statutory
    43  fee,  which  fee  shall be a taxable disbursement. Service of process on
    44  such corporation shall be complete when the secretary  of  state  is  so
    45  served.    The secretary of state shall promptly send one of such copies
    46  by certified mail, return receipt requested, to such corporation, at the
    47  post office address, on file in the department of state,  specified  for
    48  the purpose. If a domestic corporation formed under article four of this
    49  chapter or an authorized foreign corporation has no such address on file
    50  in  the  department  of state, the secretary of state shall so mail such
    51  copy to such corporation at the address of its office within this  state
    52  on file in the department.
    53    §  8.  The  opening  paragraph  of  paragraph  2 of subdivision (e) of
    54  section 121-104-A of the partnership law, as added by chapter 448 of the
    55  laws of 1998, is amended to read as follows:

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     1    Service of such process upon the secretary of state shall be  made  by
     2  personally delivering to and leaving with him or his deputy, or with any
     3  person  authorized by the secretary of state to receive such service, at
     4  the office of the department of state in either the city  of  Albany  or
     5  New  York, a copy of such process together with the statutory fee, which
     6  fee shall be a taxable disbursement. Such service shall be sufficient if
     7  notice thereof and a copy of the process are:
     8    § 9. Paragraph 1 of subdivision (a) of section 121-109 of the partner-
     9  ship law, as added by chapter 950 of the laws of 1990, such  subdivision
    10  as  relettered by chapter 341 of the laws of 1999, is amended to read as
    11  follows:
    12    (1) By personally delivering to and leaving with him or his deputy, or
    13  with any person authorized by the secretary of  state  to  receive  such
    14  service,  at the office of the department of state in either the city of
    15  Albany or New York, duplicate copies of such process together  with  the
    16  statutory fee, which fee shall be a taxable disbursement.
    17    §  10.  Subdivision (a) of section 121-1505 of the partnership law, as
    18  added by chapter 470 of the laws of 1997, is amended to read as follows:
    19    (a) Service of process on the secretary of state as agent of a  regis-
    20  tered  limited liability partnership under this article shall be made by
    21  personally delivering to and leaving with the secretary of  state  or  a
    22  deputy,  or  with  any  person  authorized  by the secretary of state to
    23  receive such service, at the office of the department of state in either
    24  the city of Albany or New York, duplicate copies of such process togeth-
    25  er with the statutory fee, which fee shall be  a  taxable  disbursement.
    26  Service  of  process  on  such  registered limited liability partnership
    27  shall be complete when the secretary of state is so served.  The  secre-
    28  tary  of state shall promptly send one of such copies by certified mail,
    29  return receipt requested, to such registered limited liability  partner-
    30  ship,  at  the  post  office  address on file in the department of state
    31  specified for such purpose.
    32    § 11. The opening paragraph of  paragraph  2  of  subdivision  (f)  of
    33  section  121-1506 of the partnership law, as added by chapter 448 of the
    34  laws of 1998, is amended to read as follows:
    35    Service of such process upon the secretary of state shall be  made  by
    36  personally delivering to and leaving with him or his deputy, or with any
    37  person  authorized by the secretary of state to receive such service, at
    38  the office of the department of state in either the city  of  Albany  or
    39  New  York, a copy of such process together with the statutory fee, which
    40  fee shall be a taxable disbursement. Such service shall be sufficient if
    41  notice thereof and a copy of the process are:
    42    § 12. Subdivision 2 of section 203 of the tax law, as amended by chap-
    43  ter 100 of the laws of 1964, is amended to read as follows:
    44    2.   Every foreign corporation  (other  than  a  moneyed  corporation)
    45  subject to the provisions of this article, except a corporation having a
    46  certificate  of authority under former section two hundred twelve of the
    47  general corporation law or having authority to do business by virtue  of
    48  section  thirteen  hundred  five  of the business corporation law, shall
    49  file in the department of state a  certificate  of  designation  in  its
    50  corporate  name, signed and acknowledged by its president or a vice-pre-
    51  sident or its secretary or treasurer, under its corporate  seal,  desig-
    52  nating  the  secretary  of  state  as its agent upon whom process in any
    53  action provided for by this article may be served within this state, and
    54  setting forth an address to which the secretary of state  shall  mail  a
    55  copy  of  any  such  process against the corporation which may be served
    56  upon him.  In case any such corporation shall have failed to  file  such

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     1  certificate  of  designation,  it shall be deemed to have designated the
     2  secretary of state as its agent upon whom such process against it may be
     3  served; and until a certificate of designation shall have been filed the
     4  corporation  shall  be deemed to have directed the secretary of state to
     5  mail copies of process served upon him to the corporation  at  its  last
     6  known office address within or without the state.  When a certificate of
     7  designation  has  been  filed by such corporation the secretary of state
     8  shall mail copies of process thereafter served upon him to  the  address
     9  set forth in such certificate.  Any such corporation, from time to time,
    10  may  change  the  address to which the secretary of state is directed to
    11  mail copies of process, by filing a certificate to that effect executed,
    12  signed and acknowledged in like manner as a certificate  of  designation
    13  as  herein  provided.    Service of process upon any such corporation or
    14  upon any corporation having a  certificate  of  authority  under  former
    15  section  two  hundred  twelve  of  the general corporation law or having
    16  authority to do business by virtue of section thirteen hundred  five  of
    17  the business corporation law, in any action commenced at any time pursu-
    18  ant  to  the  provisions  of  this  article,  may  be made by either (1)
    19  personally delivering to and leaving with  the  secretary  of  state,  a
    20  deputy secretary of state or with any person authorized by the secretary
    21  of  state to receive such service duplicate copies thereof at the office
    22  of the department of state in either the city of Albany or New York,  in
    23  which  event  the  secretary of state shall forthwith send by registered
    24  mail, return receipt requested, one of such copies to the corporation at
    25  the address designated by it or at its last known office address  within
    26  or  without  the state, or (2) personally delivering to and leaving with
    27  the secretary of state, a deputy secretary of state or with  any  person
    28  authorized  by  the  secretary  of state to receive such service, a copy
    29  thereof at the office of the department of state in either the  city  of
    30  Albany or New York and by delivering a copy thereof to, and leaving such
    31  copy  with,  the  president, vice-president, secretary, assistant secre-
    32  tary, treasurer, assistant treasurer, or cashier of such corporation, or
    33  the officer performing corresponding functions under another name, or  a
    34  director  or  managing agent of such corporation, personally without the
    35  state.  Proof of such personal service without the state shall be  filed
    36  with the clerk of the court in which the action is pending within thirty
    37  days  after  such  service,  and such service shall be complete ten days
    38  after proof thereof is filed.
    39    § 13. Section 216 of the tax law, as added by chapter 415 of the  laws
    40  of  1944, the opening paragraph as amended by chapter 100 of the laws of
    41  1964 and redesignated by chapter 613 of the laws of 1976, is amended  to
    42  read as follows:
    43    §  216.  Collection  of taxes. Every foreign corporation (other than a
    44  moneyed corporation) subject to the provisions of this article, except a
    45  corporation having a certificate of authority under former  section  two
    46  hundred  twelve of the general corporation law or having authority to do
    47  business by virtue of section thirteen  hundred  five  of  the  business
    48  corporation  law, shall file in the department of state a certificate of
    49  designation in its corporate name, signed and acknowledged by its presi-
    50  dent or a vice-president or its secretary or treasurer, under its corpo-
    51  rate seal, designating the secretary of state as  its  agent  upon  whom
    52  process  in any action provided for by this article may be served within
    53  this state, and setting forth an address to which the secretary of state
    54  shall mail a copy of any such process against the corporation which  may
    55  be  served  upon him.  In case any such corporation shall have failed to
    56  file such certificate of designation, it shall be deemed to have  desig-

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     1  nated the secretary of state as its agent upon whom such process against
     2  it may be served; and until a certificate of designation shall have been
     3  filed  the corporation shall be deemed to have directed the secretary of
     4  state  to  mail  copies of process served upon him to the corporation at
     5  its last known office address within or  without  the  state.    When  a
     6  certificate of designation has been filed by such corporation the secre-
     7  tary of state shall mail copies of process thereafter served upon him to
     8  the  address  set forth in such certificate.  Any such corporation, from
     9  time to time, may change the address to which the secretary of state  is
    10  directed  to  mail  copies  of  process, by filing a certificate to that
    11  effect executed, signed and acknowledged in like manner as a certificate
    12  of designation as herein provided. Service  of  process  upon  any  such
    13  corporation  or  upon  any corporation having a certificate of authority
    14  under former section two hundred twelve of the general  corporation  law
    15  or having authority to do business by virtue of section thirteen hundred
    16  five  of  the  business  corporation law, in any action commenced at any
    17  time pursuant to the provisions of this article, may be made  by  either
    18  (1)  personally delivering to and leaving with the secretary of state, a
    19  deputy secretary of state or with any person authorized by the secretary
    20  of state to receive such service duplicate copies thereof at the  office
    21  of  the department of state in either the city of Albany or New York, in
    22  which event the secretary of state shall forthwith  send  by  registered
    23  mail, return receipt requested, one of such copies to the corporation at
    24  the  address designated by it or at its last known office address within
    25  or without the state, or (2) personally delivering to and  leaving  with
    26  the  secretary  of state, a deputy secretary of state or with any person
    27  authorized by the secretary of state to receive  such  service,  a  copy
    28  thereof  at  the office of the department of state in either the city of
    29  Albany or New York and by delivering a copy thereof to, and leaving such
    30  copy with, the president, vice-president,  secretary,  assistant  secre-
    31  tary, treasurer, assistant treasurer, or cashier of such corporation, or
    32  the  officer performing corresponding functions under another name, or a
    33  director or managing agent of such corporation, personally  without  the
    34  state.   Proof of such personal service without the state shall be filed
    35  with the clerk of the court in which the action is pending within thirty
    36  days after such service, and such service shall  be  complete  ten  days
    37  after proof thereof is filed.
    38    § 14. Subdivision (b) of section 310 of the tax law, as added by chap-
    39  ter 400 of the laws of 1983, is amended to read as follows:
    40    (b)  Service  of process.--Service of process upon any petroleum busi-
    41  ness which is a  corporation  (including  any  such  petroleum  business
    42  having  a  certificate  of  authority  under  former section two hundred
    43  twelve of the general corporation law or having authority to do business
    44  by virtue of section thirteen hundred five of the  business  corporation
    45  law),  in any action commenced at any time pursuant to the provisions of
    46  this article, may be made by either (1)  personally  delivering  to  and
    47  leaving with the secretary of state, a deputy secretary of state or with
    48  any  person authorized by the secretary of state to receive such service
    49  duplicate copies thereof at the office of the  department  of  state  in
    50  either  the  city of Albany or New York, in which event the secretary of
    51  state shall forthwith send by registered mail, return receipt requested,
    52  one of such copies to such petroleum business at the address  designated
    53  by  it  or at its last known office address within or without the state,
    54  or (2) personally delivering to and leaving with the secretary of state,
    55  a deputy secretary of state or with any person authorized by the  secre-
    56  tary  of  state to receive such service, a copy thereof at the office of

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     1  the department of state in either the city of Albany or New York and  by
     2  delivering a copy thereof to, and leaving such copy with, the president,
     3  vice-president,  secretary,  assistant  secretary,  treasurer, assistant
     4  treasurer,  or  cashier  of  such  petroleum  business,  or  the officer
     5  performing corresponding functions under another name, or a director  or
     6  managing agent of such petroleum business, personally without the state.
     7  Proof of such personal service without the state shall be filed with the
     8  clerk  of  the  court  in which the action is pending within thirty days
     9  after such service, and such service shall be complete  ten  days  after
    10  proof thereof is filed.
    11    §  15.  Subdivision  5  of  section  511 of the tax law, as amended by
    12  section 7 of part E of chapter 60 of the laws of  2007,  is  amended  to
    13  read as follows:
    14    5. The operation by a nonresident of a vehicular unit in this state or
    15  the  operation  in this state of a motor vehicle, trailer, semi-trailer,
    16  dolly or other device owned by a nonresident shall be deemed  equivalent
    17  to  an  appointment  by such nonresident of the secretary of state to be
    18  his true and lawful attorney upon whom may be served the process in  any
    19  action  or proceeding against him growing out of any liability for fees,
    20  taxes, penalties or interest under this article and such operation shall
    21  be deemed a signification of his agreement that any such process against
    22  him which is so served shall be of the same legal force and validity  as
    23  if  served on him personally within the state and within the territorial
    24  jurisdiction of the court from which  the  process  issues.  Service  of
    25  process shall be made by either (1) personally delivering to and leaving
    26  with  the  secretary  of  state or a deputy secretary of state duplicate
    27  copies thereof at the office of the department of state  in  either  the
    28  city  of Albany or New York, in which event the secretary of state shall
    29  forthwith send by registered mail one of such copies to  the  person  at
    30  the  address  designated  by him in his application for a certificate of
    31  registration under this article or in the last return filed by him under
    32  this article or as shown on the records of the commissioner,  or  if  no
    33  application  has  been filed, at his last known office address within or
    34  without the state, or (2) personally delivering to and leaving with  the
    35  secretary  of state or a deputy secretary of state a copy thereof at the
    36  office of the department of state in either the city of  Albany  or  New
    37  York  and by delivering a copy thereof to the person, personally without
    38  the state. Proof of such personal service without  the  state  shall  be
    39  filed with the clerk of the court in which the process is pending within
    40  thirty  days  after  such service and such service shall be complete ten
    41  days after proof thereof is filed.
    42    § 16. The opening paragraph of  paragraph  2  of  subdivision  (e)  of
    43  section  301-A of the limited liability company law, as added by chapter
    44  448 of the 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 deputy, or with any
    47  person  authorized by the secretary of state to receive such service, at
    48  the office of the department of state in either the city  of  Albany  or
    49  New  York, a copy of such process together with the statutory fee, which
    50  fee shall be a taxable disbursement. Such service shall be sufficient if
    51  notice thereof and a copy of the process are:
    52    § 17. Subdivision (a) of section 303 of the limited liability  company
    53  law,  as  relettered  by  chapter 341 of the laws of 1999, is amended to
    54  read as follows:
    55    (a) Service of process on the secretary of state as agent of a  domes-
    56  tic  limited  liability  company or authorized foreign limited liability

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     1  company shall be made by personally delivering to and leaving  with  the
     2  secretary  of  state or his or her deputy, or with any person authorized
     3  by the secretary of state to receive such service, at the office of  the
     4  department  of state in either the city of Albany or New York, duplicate
     5  copies of such process together with the statutory fee, which fee  shall
     6  be  a taxable disbursement. Service of process on such limited liability
     7  company shall be complete when the secretary of state is so served.  The
     8  secretary  of  state shall promptly send one of such copies by certified
     9  mail, return receipt requested, to such limited liability company at the
    10  post office address on file in the department  of  state  specified  for
    11  that purpose.
    12    §  18.  The  opening  paragraph of paragraph (b) of section 307 of the
    13  not-for-profit corporation law 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 deputy, or with any
    16  person  authorized by the secretary of state to receive such service, at
    17  the office of the department of state in either the city  of  Albany  or
    18  New  York, a copy of such process together with the statutory fee, which
    19  fee shall be a taxable disbursement. Such service shall be sufficient if
    20  notice thereof and a copy of the process are:
    21    § 19. The opening paragraph of  paragraph  2  of  subdivision  (e)  of
    22  section  306-a  of the business corporation law, as added by chapter 469
    23  of the laws of 1997, is amended to read as follows:
    24    Service of such process upon the secretary of state shall be  made  by
    25  personally delivering to and leaving with him or his deputy, or with any
    26  person  authorized by the secretary of state to receive such service, at
    27  the office of the department of state in either the city  of  Albany  or
    28  New  York, a copy of such process together with the statutory fee, which
    29  fee shall be a taxable disbursement. Such service shall be sufficient if
    30  notice thereof and a copy of the process are:
    31    § 20. The opening paragraph of subdivision (b) of section 307  of  the
    32  business corporation law is amended to read as follows:
    33    Service  of  such process upon the secretary of state shall be made by
    34  personally delivering to and leaving with him or his deputy, or with any
    35  person authorized by the secretary of state to receive such service,  at
    36  the  office  of  the department of state in either the city of Albany or
    37  New York, a copy of such process together with the statutory fee,  which
    38  fee shall be a taxable disbursement. Such service shall be sufficient if
    39  notice thereof and a copy of the process are:
    40    §  21.  Section  11-609  of the administrative code of the city of New
    41  York is amended to read as follows:
    42    § 11-609 Collection of taxes. Every foreign corporation (other than  a
    43  moneyed  corporation)  subject  to  the  provisions  of this subchapter,
    44  except a corporation having  authority  to  do  business  by  virtue  of
    45  section  thirteen  hundred  five  of the business corporation law, shall
    46  file in the department of state a  certificate  of  designation  in  its
    47  corporate  name, signed and acknowledged by its president or a vice-pre-
    48  sident or its secretary or treasurer, under its corporate  seal,  desig-
    49  nating  the  secretary  of  state  as its agent upon whom process in any
    50  action provided for by this subchapter may be served within this  state,
    51  and  setting forth an address to which the secretary of state shall mail
    52  a copy of any such process against the corporation which may  be  served
    53  upon  the  secretary  of  state. In case any such corporation shall have
    54  failed to file such certificate of designation, it shall  be  deemed  to
    55  have designated the secretary of state as its agent upon whom such proc-
    56  ess  against  it  may  be served; and until a certificate of designation

        A. 3300                             9
     1  shall have been filed the corporation shall be deemed to  have  directed
     2  the  secretary of state to mail copies of process served upon him or her
     3  to the corporation at its last known office address  within  or  without
     4  the  state.  When  a  certificate  of designation has been filed by such
     5  corporation the secretary of state shall mail copies of  process  there-
     6  after  served  upon  the  secretary of state to the address set forth in
     7  such certificate. Any such corporation, from time to  time,  may  change
     8  the  address  to which the secretary of state is directed to mail copies
     9  of process, by filing a certificate to that effect executed, signed  and
    10  acknowledged  in  like  manner as a certificate of designation as herein
    11  provided. Service of process upon  any  such  corporation  or  upon  any
    12  corporation  having  a certificate of authority under former section two
    13  hundred twelve of the general corporation law or having authority to  do
    14  business  by  virtue  of  section  thirteen hundred five of the business
    15  corporation law, in any action commenced at any  time  pursuant  to  the
    16  provisions  of  this  subchapter,  may be made by either: (a) personally
    17  delivering to and leaving with the secretary of state, a  deputy  secre-
    18  tary of state or with any person authorized by the secretary of state to
    19  receive  such  service  duplicate  copies  thereof  at the office of the
    20  department of state in either the city of Albany or New York,  in  which
    21  event  the  secretary  of state shall forthwith send by registered mail,
    22  return receipt requested, one of such copies to the corporation  at  the
    23  address  designated  by it or at its last known office address within or
    24  without the state, or (b) personally delivering to and leaving with  the
    25  secretary  of  state,  a  deputy  secretary  of state or with any person
    26  authorized by the secretary of state to receive  such  service,  a  copy
    27  thereof  at  the office of the department of state in either the city of
    28  Albany or New York and by delivering a copy thereof to, and leaving such
    29  copy with, the president, vice-president,  secretary,  assistant  secre-
    30  tary, treasurer, assistant treasurer, or cashier of such corporation, or
    31  the  officer performing corresponding functions under another name, or a
    32  director or managing agent of such corporation, personally  without  the
    33  state.  Proof  of such personal service without the state shall be filed
    34  with the clerk of the court in which the action is pending within thirty
    35  days after such service, and such service shall  be  complete  ten  days
    36  after proof thereof is filed.
    37    §  22.  Section  11-659  of the administrative code of the city of New
    38  York, as added by section 1 of part D of chapter 60 of the laws of 2015,
    39  is amended to read as follows:
    40    § 11-659 Collection of taxes. Every foreign corporation (other than  a
    41  moneyed  corporation)  subject  to  the  provisions  of this subchapter,
    42  except a corporation having  authority  to  do  business  by  virtue  of
    43  section  thirteen  hundred  five  of the business corporation law, shall
    44  file in the department of state a  certificate  of  designation  in  its
    45  corporate  name, signed and acknowledged by its president or a vice-pre-
    46  sident or its secretary or treasurer, under its corporate  seal,  desig-
    47  nating  the  secretary  of  state  as its agent upon whom process in any
    48  action provided for by this subchapter may be served within this  state,
    49  and  setting forth an address to which the secretary of state shall mail
    50  a copy of any such process against the corporation which may  be  served
    51  upon  the  secretary  of  state. In case any such corporation shall have
    52  failed to file such certificate of designation, it shall  be  deemed  to
    53  have designated the secretary of state as its agent upon whom such proc-
    54  ess  against  it  may  be served; and until a certificate of designation
    55  shall have been filed the corporation shall be deemed to  have  directed
    56  the  secretary of state to mail copies of process served upon him or her

        A. 3300                            10
     1  to the corporation at its last known office address  within  or  without
     2  the  state.  When  a  certificate  of designation has been filed by such
     3  corporation the secretary of state shall mail copies of  process  there-
     4  after  served  upon  the  secretary of state to the address set forth in
     5  such certificate. Any such corporation, from time to  time,  may  change
     6  the  address  to which the secretary of state is directed to mail copies
     7  of process, by filing a certificate to that effect executed, signed  and
     8  acknowledged  in  like  manner as a certificate of designation as herein
     9  provided. Service of process upon  any  such  corporation  or  upon  any
    10  corporation  having  a  certificate  of  authority  under  section eight
    11  hundred five of the limited liability company law or having authority to
    12  do business by virtue of section thirteen hundred five of  the  business
    13  corporation  law,  in  any  action commenced at any time pursuant to the
    14  provisions of this subchapter, may be made  by  either:  (a)  personally
    15  delivering  to  and leaving with the secretary of state, a deputy secre-
    16  tary of state or with any person authorized by the secretary of state to
    17  receive such service duplicate copies  thereof  at  the  office  of  the
    18  department  of  state in either the city of Albany or New York, in which
    19  event the secretary of state shall forthwith send  by  registered  mail,
    20  return  receipt  requested, one of such copies to the corporation at the
    21  address designated by it or at its last known office address  within  or
    22  without  the state, or (b) personally delivering to and leaving with the
    23  secretary of state, a deputy secretary  of  state  or  with  any  person
    24  authorized  by  the  secretary  of state to receive such service, a copy
    25  thereof at the office of the department of state in either the  city  of
    26  Albany or New York and by delivering a copy thereof to, and leaving such
    27  copy  with,  the  president, vice-president, secretary, assistant secre-
    28  tary, treasurer, assistant treasurer, or cashier of such corporation, or
    29  the officer performing corresponding functions under another name, or  a
    30  director  or  managing agent of such corporation, personally without the
    31  state. Proof of such personal service without the state shall  be  filed
    32  with the clerk of the court in which the action is pending within thirty
    33  days  after  such  service,  and such service shall be complete ten days
    34  after proof thereof is filed.
    35    § 23. Subdivision 1 of section 11-665 of the  administrative  code  of
    36  the city of New York is amended to read as follows:
    37    1.  Every  foreign  corporation  (other  than  a  moneyed corporation)
    38  subject to the provisions  of  this  subchapter,  except  a  corporation
    39  having  authority  to  do business by virtue of section thirteen hundred
    40  five of the business corporation law, shall file in  the  department  of
    41  state  a  certificate  of  designation in its corporate name, signed and
    42  acknowledged by its president or  vice-president  or  its  secretary  or
    43  treasurer,  under its corporate seal, designating the secretary of state
    44  as its agent upon whom process  in  any  action  provided  for  by  this
    45  subchapter  or subchapter five of this chapter may be served within this
    46  state, and setting forth an address to  which  the  secretary  of  state
    47  shall  mail a copy of any such process against the corporation which may
    48  be served upon the secretary of state.   In case  any  such  corporation
    49  shall  have  failed to file such certificate of designation, it shall be
    50  deemed to have designated the secretary of state as its agent upon  whom
    51  such process against it may be served; and until a certificate of desig-
    52  nation  shall  have  been  filed the corporation shall be deemed to have
    53  directed the secretary of state to mail copies of  process  served  upon
    54  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. 3300                            11
     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 authority to do business by
     8  virtue of section thirteen hundred five of the business corporation law,
     9  in any action commenced at any time pursuant to the provisions  of  this
    10  subchapter  five or former subchapter six of this chapter may be made by
    11  either: (1) personally delivering to and leaving with the  secretary  of
    12  state,  a deputy secretary of state or with any person authorized by the
    13  secretary of state to receive such service duplicate copies  thereof  at
    14  the  office  of  the department of state in either the city of Albany or
    15  New York, in which event the secretary of state shall forthwith send  by
    16  registered  mail,  return  receipt  requested, one of such copies to the
    17  corporation at the address designated by it or at its last known  office
    18  address within or without the state, or (2) personally delivering to and
    19  leaving with the secretary of state, a deputy secretary of state or with
    20  any person authorized by the secretary of state to receive such service,
    21  a  copy  thereof  at the office of the department of state in either the
    22  city of Albany or New York and by delivering a copy hereof to, and leav-
    23  ing such copy with, the president, vice-president, secretary,  assistant
    24  secretary,  treasurer,  assistant  treasurer,  or cashier of such corpo-
    25  ration, or the officer performing corresponding functions under  another
    26  name,  or  a  director or managing agent of such corporation, personally
    27  without the state. Proof of such  personal  service  without  the  state
    28  shall  be filed with the clerk of the court in which the action is pend-
    29  ing within thirty days after such service, and  such  service  shall  be
    30  complete ten days after proof thereof is filed.
    31    §  24.  Subdivision  7  of  section 339-n of the real property law, as
    32  amended by chapter 346 of the laws  of  1997,  is  amended  to  read  as
    33  follows:
    34    7. A designation of the secretary of state as agent of the corporation
    35  or  board  of  managers  upon  whom  process  against  it may be served.
    36  Service of process on the secretary of state as  agent  of  such  corpo-
    37  ration  or  board of managers shall be made personally delivering to and
    38  leaving with him or her or his or her deputy, or with any person author-
    39  ized by the secretary of state to receive such service, at the office of
    40  the department of state in either the city of Albany or New York, dupli-
    41  cate copies of such process together with the statutory fee, which shall
    42  be a taxable disbursement. Service of process  on  such  corporation  or
    43  board  of  managers  shall be complete when the secretary of state is so
    44  served. The secretary of state shall promptly send one of such copies by
    45  certified mail, return receipt requested, to such corporation  or  board
    46  of  managers,  at  the post office address, on file in the department of
    47  state, specified for such purpose. Nothing  in  this  subdivision  shall
    48  affect  the right to serve process in any other manner permitted by law.
    49  The corporation or board of managers shall also file with the  secretary
    50  of  state  the name and post office address within or without this state
    51  to which the secretary of state shall mail a copy of any process against
    52  it served upon the secretary of state and shall  update  the  filing  as
    53  necessary.
    54    §  25.  Subdivision  3  of  section 442-g of the real property law, as
    55  amended by chapter 482 of the laws  of  1963,  is  amended  to  read  as
    56  follows:

        A. 3300                            12
     1    3.  Service  of such process upon the secretary of state shall be made
     2  by personally delivering to and leaving with him or his deputy  or  with
     3  any person authorized by the secretary of state to receive such service,
     4  at the office of the department of state in either the city of Albany or
     5  New  York,  duplicate copies of such process together with a fee of five
     6  dollars if the action is solely for the recovery of a sum of  money  not
     7  in  excess  of two hundred dollars and the process is so endorsed, and a
     8  fee of ten dollars in any other action or proceeding, which fee shall be
     9  a taxable disbursement. If such process is served upon behalf of a coun-
    10  ty, city, town or village, or other political subdivision of the  state,
    11  the  fee  to  be  paid  to the secretary of state shall be five dollars,
    12  irrespective of the amount involved or  the  nature  of  the  action  on
    13  account  of which such service of process is made. If the cost of regis-
    14  tered mail for transmitting a copy  of  the  process  shall  exceed  two
    15  dollars,  an  additional  fee  equal to such excess shall be paid at the
    16  time of the service of such process. Proof of service shall be by  affi-
    17  davit  of  compliance with this subdivision filed by or on behalf of the
    18  plaintiff together with the process, within ten days after such service,
    19  with the clerk of the court in which the action or special proceeding is
    20  pending.  Service made as provided in this section shall be complete ten
    21  days after such papers are filed with the clerk of the court  and  shall
    22  have  the  same force and validity as if served on him personally within
    23  the state and within the territorial  jurisdiction  of  the  court  from
    24  which the process issues.
    25    §  26.  Subdivision  2  of section 250 of the general business law, as
    26  amended by chapter 103 of the laws  of  1981,  is  amended  to  read  as
    27  follows:
    28    2.  A  summons in an action described in this section may issue in any
    29  court in the state having jurisdiction of  the  subject  matter  and  be
    30  served as hereinafter provided. Service of such summons shall be made by
    31  mailing  a  copy thereof to the office of the secretary of state [at his
    32  office] in either the city of Albany  or  New  York,  or  by  personally
    33  delivering  a  copy thereof to one of his regularly established offices,
    34  with a fee of ten dollars, and such service shall be sufficient  service
    35  upon such nonresident provided that notice of such service and a copy of
    36  the  summons  and  complaint  are  forthwith sent by or on behalf of the
    37  plaintiff to the  defendant  by  registered  mail  with  return  receipt
    38  requested. The plaintiff shall file with the clerk of the court in which
    39  the  action  is  pending,  or with the judge or justice of such court in
    40  case there be no clerk, an affidavit of compliance herewith, a  copy  of
    41  the  summons and complaint, and either a return receipt purporting to be
    42  signed by the defendant or a person qualified to receive his  registered
    43  mail,  in  accordance  with  the  rules  and  customs of the post office
    44  department; or, if acceptance was refused by the defendant or his agent,
    45  the original envelope bearing a notation by the postal authorities  that
    46  receipt  was  refused, and an affidavit by or on behalf of the plaintiff
    47  that notice of such mailing  and  refusal  was  forthwith  sent  to  the
    48  defendant  by  ordinary  mail.  Where the summons is mailed to a foreign
    49  country, other official proof of the delivery of the mail may  be  filed
    50  in  case  the  post  office department is unable to obtain such a return
    51  receipt. The foregoing papers shall be filed within  thirty  days  after
    52  the  return  receipt or other official proof of delivery or the original
    53  envelope bearing a notation of refusal, as the case may be, is  received
    54  by  the plaintiff. Service of process shall be complete when such papers
    55  are filed. The return receipt or other official proof of delivery  shall
    56  constitute  presumptive evidence that the summons mailed was received by

        A. 3300                            13
     1  the defendant or a person qualified to receive his registered mail;  and
     2  the  notation  of refusal shall constitute presumptive evidence that the
     3  refusal was by the defendant or his agent. Service of such summons  also
     4  may  be made by mailing a copy thereof to the office of the secretary of
     5  state [at his office] in either the city of Albany or New  York,  or  by
     6  personally delivering a copy thereof to one of his regularly established
     7  offices,  with  a fee of ten dollars, and by delivering a duplicate copy
     8  thereof, with a complaint annexed thereto, to the  defendant  personally
     9  without the state by a resident or citizen of the state of New York or a
    10  sheriff,  under-sheriff,  deputy-sheriff  or  constable of the county or
    11  other political subdivision in which the personal service is made, or an
    12  officer authorized by the laws of this state, to take acknowledgments of
    13  deeds to be recorded in this state, or an attorney and/or  counselor  at
    14  law,  solicitor, advocate or barrister duly qualified to practice in the
    15  state or country where such service is  made,  or  by  a  United  States
    16  marshal or deputy United States marshal. Proof of personal service with-
    17  out  the  state  shall be filed with the clerk of the court in which the
    18  action is pending  within  thirty  days  after  such  service.  Personal
    19  service  without  the state is complete when proof thereof is filed. The
    20  court in which the action is pending may order such extensions as may be
    21  necessary to afford the defendant reasonable opportunity to  defend  the
    22  action.
    23    §  27.  Subdivision 2 of section 352-b of the general business law, as
    24  amended by chapter 252 of the laws  of  1983,  is  amended  to  read  as
    25  follows:
    26    2.  Service  of such process upon the secretary of state shall be made
    27  by personally delivering to and leaving with him or a  deputy  secretary
    28  of  state  a  copy  thereof  at the office of the department of state in
    29  either the city of Albany or New York, and such service shall be  suffi-
    30  cient  service  provided  that notice of such service and a copy of such
    31  process are forthwith sent by the attorney general to such person, part-
    32  nership, corporation, company, trust or association,  by  registered  or
    33  certified  mail  with  return receipt requested, at his or its office as
    34  set forth in the "broker-dealer's statement", "salesman's statement"  or
    35  "investment advisor's statement" filed in the department of law pursuant
    36  to  section  three  hundred fifty-nine-e or section three hundred fifty-
    37  nine-eee of this article, or in default of the filing of such statement,
    38  at the last address known to the attorney general. Service of such proc-
    39  ess shall be complete on receipt by the attorney  general  of  a  return
    40  receipt  purporting  to be signed by the addressee or a person qualified
    41  to receive his or its registered or certified mail, in  accordance  with
    42  the  rules  and customs of the post office department, or, if acceptance
    43  was refused by the addressee or his or  its  agent,  on  return  to  the
    44  attorney  general  of  the  original  envelope bearing a notation by the
    45  postal authorities that receipt thereof was refused.
    46    § 28. Subdivision 2 of section 48 of the navigation law, as amended by
    47  chapter 166 of the laws of 1991, is amended to read as follows:
    48    2. A summons in an action described in this section may issue  in  any
    49  court  in  the  state  having  jurisdiction of the subject matter and be
    50  served as hereinafter provided. Service of such summons shall be made by
    51  mailing a copy thereof to the office of the secretary of state  [at  his
    52  office]  in  either  the  city  of  Albany or New York, or by personally
    53  delivering a copy thereof to one of his regularly  established  offices,
    54  with  a fee of ten dollars, and such service shall be sufficient service
    55  upon such non-resident provided that notice of such service and  a  copy
    56  of  the  summons and complaint are forthwith sent by or on behalf of the

        A. 3300                            14
     1  plaintiff to the  defendant  by  registered  mail  with  return  receipt
     2  requested. The plaintiff shall file with the clerk of the court in which
     3  the  action  is  pending,  or with the judge or justice of such court in
     4  case  there  be no clerk, an affidavit of compliance herewith, a copy of
     5  the summons and complaint, and either a return receipt purporting to  be
     6  signed  by the defendant or a person qualified to receive his registered
     7  mail, in accordance with the rules an customs of the post-office depart-
     8  ment; or, if acceptance was refused by the defendant or his  agent,  the
     9  original  envelope  bearing  a  notation  by the postal authorities that
    10  receipt was refused, and an affidavit by or on behalf of  the  plaintiff
    11  that  notice  of  such  mailing  and  refusal  was forthwith sent to the
    12  defendant by ordinary mail. Where the summons is  mailed  to  a  foreign
    13  country,  other  official proof of the delivery of the mail may be filed
    14  in case the post-office department is unable to  obtain  such  a  return
    15  receipt.  The  foregoing  papers shall be filed within thirty days after
    16  the return receipt or other official proof of delivery or  the  original
    17  envelope  bearing a notation of refusal, as the case may be, is received
    18  by the plaintiff. Service of process shall be complete  ten  days  after
    19  such  papers  are  filed.  The return receipt or other official proof of
    20  delivery shall constitute presumptive evidence that the  summons  mailed
    21  was  received  by  the  defendant  or  a person qualified to receive his
    22  registered mail; and the notation or refusal shall  constitute  presump-
    23  tive  evidence  that  the  refusal  was  by  the defendant or his agent.
    24  Service of such summons also may be made by mailing a  copy  thereof  to
    25  the office of the secretary of state [at this office] in either the city
    26  of Albany or New York, or by personally delivering a copy thereof to one
    27  of  his regularly established offices, with a fee of ten dollars, and by
    28  delivering a duplicate copy thereof, with the complaint annexed thereto,
    29  to the defendant personally without the state by a resident  or  citizen
    30  of  the state of New York or a sheriff, under-sheriff, deputy-sheriff or
    31  constable of the county or other  political  subdivision  in  which  the
    32  personal  service  is made, or an officer authorized by the laws of this
    33  state, to take acknowledgements of deeds to be recorded in  this  state,
    34  or an attorney and/or counselor at law, solicitor, advocate or barrister
    35  duly qualified to practice in the state or country where such service is
    36  made,  or  by  a  United States marshal or deputy United States marshal.
    37  Proof of personal service without the state  shall  be  filed  with  the
    38  clerk  of  the  court  in which the action is pending within thirty days
    39  after such service. Personal service without the state is  complete  ten
    40  days  after  proof  thereof  is  filed. The court in which the action is
    41  pending may order such extensions as may  be  necessary  to  afford  the
    42  defendant reasonable opportunity to defend the action.
    43    Nothing  herein  shall  be  construed  as  affecting  other methods of
    44  service of process against non-residents as provided by law.
    45    § 29. Subdivision 2 of section 74 of the navigation law, as amended by
    46  chapter 395 of the laws of 1963, is amended to read as follows:
    47    2. A summons and complaint in an action described in this section  may
    48  issue  in  any  court  in  the  state having jurisdiction of the subject
    49  matter and be served as hereinafter provided. Service  of  such  summons
    50  and  complaint  shall be made by mailing a copy thereof to the office of
    51  the secretary of state [at his office] in either the city of  Albany  or
    52  New York, or by personally delivering a copy thereof to one of his regu-
    53  larly  established offices, with a fee of five dollars, and such service
    54  shall be sufficient service upon such non-resident provided that  notice
    55  of  such  service  and a copy of the summons and complaint are forthwith
    56  sent by or on behalf of the plaintiff to  the  defendant  by  registered

        A. 3300                            15
     1  mail  with  return  receipt requested. The plaintiff shall file with the
     2  clerk of the court in which the action is pending, or with the judge  or
     3  justice of such court in case there be no clerk, an affidavit of compli-
     4  ance  herewith, a copy of the summons and complaint, and either a return
     5  receipt purporting to be signed by the defendant or a  person  qualified
     6  to receive his registered mail, in accordance with the rules and customs
     7  of  the  post  office  department;  or, if acceptance was refused by the
     8  defendant or his agent, the original envelope bearing a notation by  the
     9  postal  authorities  that receipt was refused, and an affidavit by or on
    10  behalf of the plaintiff that notice of  such  mailing  and  refusal  was
    11  forthwith  sent  to the defendant by ordinary mail. Where the summons is
    12  mailed to a foreign country, other official proof of the delivery of the
    13  mail may be filed in case the post-office department is unable to obtain
    14  such a return receipt. The foregoing papers shall be filed within thirty
    15  days after the return receipt or other official proof of delivery or the
    16  original envelope bearing a notation of refusal, as the case may be,  is
    17  received  by  the  plaintiff.  Service of process shall be complete when
    18  such papers are filed. The return receipt or  other  official  proof  of
    19  delivery  shall  constitute presumptive evidence that the summons mailed
    20  was received by the defendant or  a  person  qualified  to  receive  his
    21  registered  mail;  and the notation of refusal shall constitute presump-
    22  tive evidence that the refusal  was  by  the  defendant  or  his  agent.
    23  Service  of  such  summons also may be made by mailing a copy thereof to
    24  the office of the secretary of state [at his office] in either the  city
    25  of Albany or New York, or by personally delivering a copy thereof to one
    26  of his regularly established offices, with a fee of five dollars, and by
    27  delivering a duplicate copy thereof, with the complaint annexed thereto,
    28  to  the  defendant personally without the state by a resident or citizen
    29  of the state of New York or a sheriff, under-sheriff, deputy-sheriff  or
    30  constable  of  the  county  or  other political subdivision in which the
    31  personal service is made, or an officer authorized by the laws  of  this
    32  state, to take acknowledgments of deeds to be recorded in this state, or
    33  an  attorney  and/or  counselor at law, solicitor, advocate or barrister
    34  duly qualified to practice in the state or country where such service is
    35  made, or by a United States marshal or  deputy  United  States  marshal.
    36  Proof  of  personal  service  without  the state shall be filed with the
    37  clerk of the court in which the action is  pending  within  thirty  days
    38  after  such service. Personal service without the state is complete when
    39  proof thereof is filed. The court in which the  action  is  pending  may
    40  order such extension as may be necessary to afford the defendant reason-
    41  able opportunity to defend the action.
    42    §  30. Subdivision 2 of section 253 of the vehicle and traffic law, as
    43  amended by chapter 166 of the laws  of  1991,  is  amended  to  read  as
    44  follows:
    45    2.  A  summons in an action described in this section may issue in any
    46  court in the state having jurisdiction of  the  subject  matter  and  be
    47  served as hereinafter provided. Service of such summons shall be made by
    48  mailing  a  copy thereof to the office of the secretary of state [at his
    49  office] either in the city of Albany  or  New  York,  or  by  personally
    50  delivering  a  copy thereof to one of his regularly established offices,
    51  with a fee of ten dollars, and such service shall be sufficient  service
    52  upon  such  non-resident provided that notice of such service and a copy
    53  of the summons and complaint are forthwith sent by or on behalf  of  the
    54  plaintiff  to  the  defendant  by certified mail or registered mail with
    55  return receipt requested. The plaintiff shall file with the clerk of the
    56  court in which the action is pending, or with the judge  or  justice  of

        A. 3300                            16
     1  such  court  in case there be no clerk, an affidavit of compliance here-
     2  with, a copy of the summons and complaint, and either a  return  receipt
     3  purporting  to  be  signed  by  the  defendant  or a person qualified to
     4  receive  his  certified  mail or registered mail, in accordance with the
     5  rules and customs of the post-office department; or, if  acceptance  was
     6  refused  by  the defendant or his agent, the original envelope bearing a
     7  notation by the postal authorities that  receipt  was  refused,  and  an
     8  affidavit  by  or on behalf of the plaintiff that notice of such mailing
     9  and refusal was forthwith sent to the defendant by ordinary mail; or, if
    10  the registered or certified letter  was  returned  to  the  post  office
    11  unclaimed,  the  original  envelope  bearing  a  notation  by the postal
    12  authorities of such mailing and return, an affidavit by or on behalf  of
    13  the  plaintiff  that  the  summons was posted again by ordinary mail and
    14  proof of mailing certificate of ordinary  mail.  Where  the  summons  is
    15  mailed to a foreign country, other official proof of the delivery of the
    16  mail may be filed in case the post-office department is unable to obtain
    17  such a return receipt. The foregoing papers shall be filed within thirty
    18  days after the return receipt or other official proof of delivery or the
    19  original  envelope bearing a notation of refusal, as the case may be, is
    20  received by the plaintiff. Service of process  shall  be  complete  when
    21  such  papers  are  filed.  The return receipt or other official proof of
    22  delivery shall constitute presumptive evidence that the  summons  mailed
    23  was  received  by  the  defendant  or  a person qualified to receive his
    24  certified mail or registered mail; and the  notation  of  refusal  shall
    25  constitute presumptive evidence that the refusal was by the defendant or
    26  his  agent.   Service of such summons also may be made by mailing a copy
    27  thereof to the office of the secretary  of  state  [at  his  office]  in
    28  either  the  city  of  Albany or New York, or by personally delivering a
    29  copy thereof to one of his regularly established offices, with a fee  of
    30  ten  dollars,  and  by  delivering  a  duplicate  copy  thereof with the
    31  complaint annexed thereto, to the defendant personally without the state
    32  by a resident or citizen of the state of New York or a  sheriff,  under-
    33  sheriff,  deputy-sheriff  or  constable of the county or other political
    34  subdivision in which the personal service is made, or an officer author-
    35  ized by the laws of this state, to take acknowledgements of deeds to  be
    36  recorded  in this state, or an attorney and/or counselor at law, solici-
    37  tor, advocate or barrister duly qualified to practice in  the  state  or
    38  country  where  such  service  is made, or by a United States [marshall]
    39  marshal or deputy United States [marshall] marshal.  Proof  of  personal
    40  service  without the state shall be filed with the clerk of the court in
    41  which the action is pending  within  thirty  days  after  such  service.
    42  Personal  service  without  the  state is complete when proof thereof is
    43  filed. The court in which the action is pending may  order  such  exten-
    44  sions as may be necessary to afford the defendant reasonable opportunity
    45  to defend the action.
    46    §  31.  This  act  shall  take effect on the one hundred eightieth day
    47  after it shall have become a law.