S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8631
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN  ACT  to  amend  the business corporation law, the executive law, the
   general associations law, the limited liability law, the  not-for-pro-
   fit corporation law, the partnership law, the tax law, the administra-
   tive  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:
 
   Section 1. Paragraph 1 of subdivision (b) of section 306 of the  busi-
 ness  corporation law, as amended by chapter 419 of the laws of 1990, is
 amended to read as follows:
   (1) Service of process on the secretary of state as agent of a  domes-
 tic or authorized foreign corporation shall be made by personally deliv-
 ering  to  and  leaving with the secretary of state or a deputy, or with
 any person authorized by the secretary of state to receive such service,
 at the office of the department of state in EITHER the city of Albany OR
 NEW YORK, duplicate copies of such process together with  the  statutory
 fee,  which  fee  shall be a taxable disbursement. Service of process on
 such corporation shall be complete when the secretary  of  state  is  so
 served. The secretary of state shall promptly send one of such copies by
 certified  mail,  return  receipt requested, to such corporation, at the
 post office address, on file in the department of state,  specified  for
 the purpose. If a domestic or authorized foreign corporation has no such
 address on file in the department of state, the secretary of state shall
 so mail such copy, in the case of a domestic corporation, in care of any
 director  named  in  its  certificate of incorporation at the director's
 address stated therein or, in the case of an authorized  foreign  corpo-
 ration,  to  such  corporation  at the address of its office within this
 state on file in the department.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15371-02-8

 S. 8631                             2
 
   § 2. The executive law is amended by adding a new section 92-a to read
 as follows:
   § 92-A. SERVICE OF PROCESS. IN ANY CASE IN WHICH SERVICE OF PROCESS ON
 THE  SECRETARY OF STATE AS AGENT OR ATTORNEY OF AN ORGANIZATION, ASSOCI-
 ATION, PARTNERSHIP, CORPORATION, COMPANY, TRUST OR OTHER PERSON OR ENTI-
 TY IS AUTHORIZED BY LAW AT THE OFFICE OF THE DEPARTMENT OF STATE IN  THE
 CITY OF ALBANY, SERVICE OF PROCESS ON THE SECRETARY OF STATE MAY BE MADE
 BY  PERSONAL  DELIVERY  TO  THE  SECRETARY  OF STATE OR A DEPUTY, OR ANY
 PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE SUCH SERVICE,  AT
 THE  OFFICE  OF  THE  DEPARTMENT  OF  STATE IN THE CITY OF NEW YORK. THE
 SECRETARY OF STATE  SHALL  SO  AUTHORIZE  APPROPRIATE  PERSONS  AT  SUCH
 OFFICE.
   §  3.  Subdivision 2 of section 172-c of the executive law, as amended
 by chapter 43 of the laws of 2002, is amended to read as follows:
   2. Service of such process upon the secretary of state shall  be  made
 by  personally  delivering to and leaving with the secretary of state or
 any person authorized by the secretary of state to accept such service a
 copy thereof at the office of the department of state in EITHER the city
 of Albany OR NEW YORK, and such  service  shall  be  sufficient  service
 provided  that  notice  of  such  service and a copy of such process are
 forthwith sent by the attorney general or any other party to such chari-
 table organization by certified mail with return receipt  requested,  at
 its  office  as  set forth in the registration form required to be filed
 with the attorney general pursuant to section one hundred seventy-two of
 this article, or in default of the filing of  such  form,  at  the  last
 address  known  to  the  attorney general or any other party. Service of
 such process shall be complete upon the receipt by the attorney  general
 or  any  other  party of a return receipt purporting to be signed by the
 addressee or a person  qualified  to  receive  its  certified  mail,  in
 accordance with the rules and customs of the post office department, or,
 if  acceptance was refused by the addressee or its agent, ten days after
 the return to the attorney general or any other party of a  notation  by
 the postal authorities that receipt thereof was refused.
   §  4.  Subdivision 2 of section 173-c of the executive law, as amended
 by chapter 43 of the laws of 2002, is amended to read as follows:
   2. Service of such process or notice upon the secretary of state shall
 be made by personally delivering to and leaving with  the  secretary  of
 state  or any person authorized by the secretary of state to accept such
 service a copy thereof at the office  of  the  department  of  state  in
 EITHER  the city of Albany OR NEW YORK, and such service shall be suffi-
 cient service provided that notice of such service and a  copy  of  such
 process are forthwith sent by the attorney general or other party as the
 case  may  be  to  such  professional fund raiser, fund raising counsel,
 professional solicitor or commercial co-venturer by certified mail  with
 return  receipt  requested,  at  the  office address as set forth in the
 registration form required to be filed with the attorney general  pursu-
 ant   to   sections   one   hundred   seventy-three   and   one  hundred
 seventy-three-b of this article, or in default of  the  filing  of  such
 form,  at the last address known to the attorney general or other party.
 Service of such process shall be complete ten days after the receipt  by
 the attorney general or other party of a return receipt purporting to be
 signed by the addressee or a person qualified to receive the addressee's
 certified  mail,  in  accordance  with the rules and customs of the post
 office department, or, if acceptance was refused by the addressee or the
 agent, ten days after the return to the attorney general or other  party

 S. 8631                             3
 
 of  the  original  envelope bearing a notation by the postal authorities
 that receipt thereof was refused.
   § 5. Section 19 of the general associations law, as amended by chapter
 166 of the laws of 1991, is amended to read as follows:
   §  19.  Service  of process. Service of process against an association
 upon the secretary of state shall be made by  personally  delivering  to
 and  leaving  with  him  or  a deputy secretary of state or an associate
 attorney, senior attorney or attorney in the corporation division of the
 department of state, duplicate copies of such process at the  office  of
 the department of state in EITHER the city of Albany OR NEW YORK. At the
 time  of  such service the plaintiff shall pay a fee of forty dollars to
 the secretary of state which shall be a  taxable  disbursement.  If  the
 cost  of  registered  mail  for transmitting a copy of the process shall
 exceed two dollars, an additional fee equal to such excess shall be paid
 at the time of the service of such process. The secretary of state shall
 forthwith send by registered mail one of such copies to the  association
 at the address fixed for that purpose, as herein provided. If the action
 or  proceeding is instituted in a court of limited jurisdiction, service
 of process may be made in the manner provided in  this  section  if  the
 cause  of  action arose within the territorial jurisdiction of the court
 and the office of the defendant, as set forth  in  its  statement  filed
 pursuant to section eighteen of this chapter, is within such territorial
 jurisdiction.
   §  6.  Subdivision (b) of section 304 of the limited liability company
 law is amended to read as follows:
   (b) Service of such process upon the secretary of state shall be  made
 by  personally  delivering to and leaving with the secretary of state or
 his or her deputy, or with any person authorized  by  the  secretary  of
 state  to receive such service, at the office of the department of state
 in EITHER the city of Albany OR NEW YORK, a copy of such process togeth-
 er with the statutory fee, which fee shall be a taxable disbursement.
   § 7. Paragraph (b) of section 306 of  the  not-for-profit  corporation
 law, as amended by chapter 23 of the laws of 2014, is amended to read as
 follows:
   (b)  Service of process on the secretary of state as agent of a domes-
 tic corporation formed under article four of this chapter or an  author-
 ized  foreign  corporation shall be made by personally delivering to and
 leaving with the secretary of state or his or her deputy,  or  with  any
 person  authorized by the secretary of state to receive such service, at
 the office of the department of state in EITHER the city  of  Albany  OR
 NEW  YORK,  duplicate copies of such process together with the statutory
 fee, which fee shall be a taxable disbursement. Service  of  process  on
 such  corporation  shall  be  complete when the secretary of state is so
 served.  The secretary of state shall promptly send one of  such  copies
 by certified mail, return receipt requested, to such corporation, at the
 post  office  address, on file in the department of state, specified for
 the purpose. If a domestic corporation formed under article four of this
 chapter or an authorized foreign corporation has no such address on file
 in the department of state, the secretary of state shall  so  mail  such
 copy  to such corporation at the address of its office within this state
 on file in the department.
   § 8. The opening paragraph  of  paragraph  2  of  subdivision  (e)  of
 section 121-104-A of the partnership law, as added by chapter 448 of the
 laws of 1998, is amended to read as follows:
   Service  of  such process upon the secretary of state shall be made by
 personally delivering to and leaving with him or his deputy, or with any

 S. 8631                             4
 
 person authorized by the secretary of state to receive such service,  at
 the  office  of  the department of state in EITHER the city of Albany OR
 NEW YORK, a copy of such process together with the statutory fee,  which
 fee shall be a taxable disbursement. Such service shall be sufficient if
 notice thereof and a copy of the process are:
   § 9. Paragraph 1 of subdivision (a) of section 121-109 of the partner-
 ship  law, as added by chapter 950 of the laws of 1990 and relettered by
 chapter 341 of the laws of 1999, is amended to read as follows:
   (1) By personally delivering to and leaving with him or his deputy, or
 with any person authorized by the secretary of  state  to  receive  such
 service,  at the office of the department of state in EITHER the city of
 Albany OR NEW YORK, duplicate copies of such process together  with  the
 statutory fee, which fee shall be a taxable disbursement.
   §  10.  Subdivision (a) of section 121-1505 of the partnership law, as
 added by chapter 470 of the laws of 1997, is amended to read as follows:
   (a) Service of process on the secretary of state as agent of a  regis-
 tered  limited liability partnership under this article shall be made by
 personally delivering to and leaving with the secretary of  state  or  a
 deputy,  or  with  any  person  authorized  by the secretary of state to
 receive such service, at the office of the department of state in EITHER
 the city of Albany OR NEW YORK, duplicate copies of such process togeth-
 er with the statutory fee, which fee shall be  a  taxable  disbursement.
 Service  of  process  on  such  registered limited liability partnership
 shall be complete when the secretary of state is so served.  The  secre-
 tary  of state shall promptly send one of such copies by certified mail,
 return receipt requested, to such registered limited liability  partner-
 ship,  at  the  post  office  address on file in the department of state
 specified for such purpose.
   § 11. The opening paragraph of  paragraph  2  of  subdivision  (f)  of
 section  121-1506 of the partnership law, as added by chapter 448 of the
 laws of 1998, is amended to read as follows:
   Service of such process upon the secretary of state shall be  made  by
 personally delivering to and leaving with him or his deputy, or with any
 person  authorized by the secretary of state to receive such service, at
 the office of the department of state in EITHER the city  of  Albany  OR
 NEW  YORK, a copy of such process together with the statutory fee, which
 fee shall be a taxable disbursement. Such service shall be sufficient if
 notice thereof and a copy of the process are:
   § 12. Subdivision 2 of section 203 of the tax law, as amended by chap-
 ter 100 of the laws of 1964, is amended to read as follows:
   2.   Every foreign corporation  (other  than  a  moneyed  corporation)
 subject to the provisions of this article, except a corporation having a
 certificate  of authority under FORMER section two hundred twelve of the
 general corporation law or having authority to do business by virtue  of
 section  thirteen  hundred  five  of the business corporation law, shall
 file in the department of state a  certificate  of  designation  in  its
 corporate  name, signed and acknowledged by its president or a vice-pre-
 sident or its secretary or treasurer, under its corporate  seal,  desig-
 nating  the  secretary  of  state  as its agent upon whom process in any
 action provided for by this article may be served within this state, and
 setting forth an address to which the secretary of state  shall  mail  a
 copy  of  any  such  process against the corporation which may be served
 upon him.  In case any such corporation shall have failed to  file  such
 certificate  of  designation,  it shall be deemed to have designated the
 secretary of state as its agent upon whom such process against it may be
 served; and until a certificate of designation shall have been filed the

 S. 8631                             5
 
 corporation shall be deemed to have directed the secretary of  state  to
 mail  copies  of  process served upon him to the corporation at its last
 known office address within or without the state.  When a certificate of
 designation  has  been  filed by such corporation the secretary of state
 shall mail copies of process thereafter served upon him to  the  address
 set forth in such certificate.  Any such corporation, from time to time,
 may  change  the  address to which the secretary of state is directed to
 mail copies of process, by filing a certificate to that effect executed,
 signed and acknowledged in like manner as a certificate  of  designation
 as  herein  provided.    Service of process upon any such corporation or
 upon any corporation having a  certificate  of  authority  under  FORMER
 section  two  hundred  twelve  of  the general corporation law or having
 authority to do business by virtue of section thirteen hundred  five  of
 the business corporation law, in any action commenced at any time pursu-
 ant  to  the  provisions  of  this  article,  may  be made by either (1)
 personally delivering to and leaving with  the  secretary  of  state,  a
 deputy secretary of state or with any person authorized by the secretary
 of  state to receive such service duplicate copies thereof at the office
 of the department of state in EITHER the city of Albany OR NEW YORK,  in
 which  event  the  secretary of state shall forthwith send by registered
 mail, return receipt requested, one of such copies to the corporation at
 the address designated by it or at its last known office address  within
 or  without  the state, or (2) personally delivering to and leaving with
 the secretary of state, a deputy secretary of state or with  any  person
 authorized  by  the  secretary  of state to receive such service, a copy
 thereof at the office of the department of state in EITHER the  city  of
 Albany OR NEW YORK and by delivering a copy thereof to, and leaving such
 copy  with,  the  president, vice-president, secretary, assistant secre-
 tary, treasurer, assistant treasurer, or cashier of such corporation, or
 the officer performing corresponding functions under another name, or  a
 director  or  managing agent of such corporation, personally without the
 state.  Proof of such personal service without the state shall be  filed
 with the clerk of the court in which the action is pending within thirty
 days  after  such  service,  and such service shall be complete ten days
 after proof thereof is filed.
   § 13. Section 216 of the tax law, as added by chapter 415 of the  laws
 of  1944, the opening paragraph as amended by chapter 100 of the laws of
 1964 and redesignated by chapter 613 of the laws of 1976, is amended  to
 read as follows:
   §  216.  Collection  of taxes. Every foreign corporation (other than a
 moneyed corporation) subject to the provisions of this article, except a
 corporation having a certificate of authority under FORMER  section  two
 hundred  twelve of the general corporation law or having authority to do
 business by virtue of section thirteen  hundred  five  of  the  business
 corporation  law, shall file in the department of state a certificate of
 designation in its corporate name, signed and acknowledged by its presi-
 dent or a vice-president or its secretary or treasurer, under its corpo-
 rate seal, designating the secretary of state as  its  agent  upon  whom
 process  in any action provided for by this article may be served within
 this state, and setting forth an address to which the secretary of state
 shall mail a copy of any such process against the corporation which  may
 be  served  upon him.  In case any such corporation shall have failed to
 file such certificate of designation, it shall be deemed to have  desig-
 nated the secretary of state as its agent upon whom such process against
 it may be served; and until a certificate of designation shall have been
 filed  the corporation shall be deemed to have directed the secretary of

 S. 8631                             6
 
 state to mail copies of process served upon him to  the  corporation  at
 its  last  known  office  address  within or without the state.   When a
 certificate of designation has been filed by such corporation the secre-
 tary of state shall mail copies of process thereafter served upon him to
 the  address  set forth in such certificate.  Any such corporation, from
 time to time, may change the address to which the secretary of state  is
 directed  to  mail  copies  of  process, by filing a certificate to that
 effect executed, signed and acknowledged in like manner as a certificate
 of designation as herein provided. Service  of  process  upon  any  such
 corporation  or  upon  any corporation having a certificate of authority
 under FORMER section two hundred twelve of the general  corporation  law
 or having authority to do business by virtue of section thirteen hundred
 five  of  the  business  corporation law, in any action commenced at any
 time pursuant to the provisions of this article, may be made  by  either
 (1)  personally delivering to and leaving with the secretary of state, a
 deputy secretary of state or with any person authorized by the secretary
 of state to receive such service duplicate copies thereof at the  office
 of  the department of state in EITHER the city of Albany OR NEW YORK, in
 which event the secretary of state shall forthwith  send  by  registered
 mail, return receipt requested, one of such copies to the corporation at
 the  address designated by it or at its last known office address within
 or without the state, or (2) personally delivering to and  leaving  with
 the  secretary  of state, a deputy secretary of state or with any person
 authorized by the secretary of state to receive  such  service,  a  copy
 thereof  at  the office of the department of state in EITHER the city of
 Albany OR NEW YORK and by delivering a copy thereof to, and leaving such
 copy with, the president, vice-president,  secretary,  assistant  secre-
 tary, treasurer, assistant treasurer, or cashier of such corporation, or
 the  officer performing corresponding functions under another name, or a
 director or managing agent of such corporation, personally  without  the
 state.   Proof of such personal service without the state shall be filed
 with the clerk of the court in which the action is pending within thirty
 days after such service, and such service shall  be  complete  ten  days
 after proof thereof is filed.
   § 14. Subdivision (b) of section 310 of the tax law, as added by chap-
 ter 400 of the laws of 1983, is amended to read as follows:
   (b)  Service  of process.--Service of process upon any petroleum busi-
 ness which is a  corporation  (including  any  such  petroleum  business
 having  a  certificate  of  authority  under  FORMER section two hundred
 twelve of the general corporation law or having authority to do business
 by virtue of section thirteen hundred five of the  business  corporation
 law),  in any action commenced at any time pursuant to the provisions of
 this article, may be made by either (1)  personally  delivering  to  and
 leaving with the secretary of state, a deputy secretary of state or with
 any  person authorized by the secretary of state to receive such service
 duplicate copies thereof at the office of the  department  of  state  in
 EITHER  the  city of Albany OR NEW YORK, in which event the secretary of
 state shall forthwith send by registered mail, return receipt requested,
 one of such copies to such petroleum business at the address  designated
 by  it  or at its last known office address within or without the state,
 or (2) personally delivering to and leaving with the secretary of state,
 a deputy secretary of state or with any person authorized by the  secre-
 tary  of  state to receive such service, a copy thereof at the office of
 the department of state in EITHER the city of Albany OR NEW YORK and  by
 delivering a copy thereof to, and leaving such copy with, the president,
 vice-president,  secretary,  assistant  secretary,  treasurer, assistant

 S. 8631                             7
 
 treasurer, or  cashier  of  such  petroleum  business,  or  the  officer
 performing  corresponding functions under another name, or a director or
 managing agent of such petroleum business, personally without the state.
 Proof of such personal service without the state shall be filed with the
 clerk  of  the  court  in which the action is pending within thirty days
 after such service, and such service shall be complete  ten  days  after
 proof thereof is filed.
   §  15.  Subdivision  5  of  section  511 of the tax law, as amended by
 section 7 of part E of chapter 60 of the laws of  2007,  is  amended  to
 read as follows:
   5. The operation by a nonresident of a vehicular unit in this state or
 the  operation  in this state of a motor vehicle, trailer, semi-trailer,
 dolly or other device owned by a nonresident shall be deemed  equivalent
 to  an  appointment  by such nonresident of the secretary of state to be
 his true and lawful attorney upon whom may be served the process in  any
 action  or proceeding against him growing out of any liability for fees,
 taxes, penalties or interest under this article and such operation shall
 be deemed a signification of his agreement that any such process against
 him which is so served shall be of the same legal force and validity  as
 if  served on him personally within the state and within the territorial
 jurisdiction of the court from which  the  process  issues.  Service  of
 process shall be made by either (1) personally delivering to and leaving
 with  the  secretary  of  state or a deputy secretary of state duplicate
 copies thereof at the office of the department of state  in  EITHER  the
 city  of Albany OR NEW YORK, in which event the secretary of state shall
 forthwith send by registered mail one of such copies to  the  person  at
 the  address  designated  by him in his application for a certificate of
 registration under this article or in the last return filed by him under
 this article or as shown on the records of the commissioner,  or  if  no
 application  has  been filed, at his last known office address within or
 without the state, or (2) personally delivering to and leaving with  the
 secretary  of state or a deputy secretary of state a copy thereof at the
 office of the department of state in EITHER the city of  Albany  OR  NEW
 YORK  and by delivering a copy thereof to the person, personally without
 the state. Proof of such personal service without  the  state  shall  be
 filed with the clerk of the court in which the process is pending within
 thirty  days  after  such service and such service shall be complete ten
 days after proof thereof is filed.
   § 16. The opening paragraph of  paragraph  2  of  subdivision  (e)  of
 section  301-A of the limited liability company law, as added by chapter
 448 of the laws of 1998, is amended to read as follows:
   Service of such process upon the secretary of state shall be  made  by
 personally delivering to and leaving with him or his deputy, or with any
 person  authorized by the secretary of state to receive such service, at
 the office of the department of state in EITHER the city  of  Albany  OR
 NEW  YORK, a copy of such process together with the statutory fee, which
 fee shall be a taxable disbursement. Such service shall be sufficient if
 notice thereof and a copy of the process are:
   § 17. Subdivision (a) of section 303 of the limited liability  company
 law,  as  relettered  by  chapter 341 of the laws of 1999, is amended to
 read as follows:
   (a) Service of process on the secretary of state as agent of a  domes-
 tic  limited  liability  company or authorized foreign limited liability
 company shall be made by personally delivering to and leaving  with  the
 secretary  of  state or his or her deputy, or with any person authorized
 by the secretary of state to receive such service, at the office of  the

 S. 8631                             8
 
 department  of state in EITHER the city of Albany OR NEW YORK, duplicate
 copies of such process together with the statutory fee, which fee  shall
 be  a taxable disbursement. Service of process on such limited liability
 company  shall be complete when the secretary of state is so served. The
 secretary of state shall promptly send one of such copies  by  certified
 mail, return receipt requested, to such limited liability company at the
 post  office  address  on  file in the department of state specified for
 that purpose.
   § 18. The opening paragraph of paragraph (b) of  section  307  of  the
 not-for-profit corporation law is amended to read as follows:
   Service  of  such process upon the secretary of state shall be made by
 personally delivering to and leaving with him or his deputy, or with any
 person authorized by the secretary of state to receive such service,  at
 the  office  of  the department of state in EITHER the city of Albany OR
 NEW YORK, a copy of such process together with the statutory fee,  which
 fee shall be a taxable disbursement. Such service shall be sufficient if
 notice thereof and a copy of the process are:
   §  19.  The  opening  paragraph  of  paragraph 2 of subdivision (e) of
 section 306-a of the business corporation law, as added by  chapter  469
 of the laws of 1997, is amended to read as follows:
   Service  of  such process upon the secretary of state shall be made by
 personally delivering to and leaving with him or his deputy, or with any
 person authorized by the secretary of state to receive such service,  at
 the  office  of  the department of state in EITHER the city of Albany OR
 NEW YORK, a copy of such process together with the statutory fee,  which
 fee shall be a taxable disbursement. Such service shall be sufficient if
 notice thereof and a copy of the process are:
   §  20.  The opening paragraph of subdivision (b) of section 307 of the
 business corporation law is amended to read as follows:
   Service of such process upon the secretary of state shall be  made  by
 personally delivering to and leaving with him or his deputy, or with any
 person  authorized by the secretary of state to receive such service, at
 the office of the department of state in EITHER the city  of  Albany  OR
 NEW  YORK, a copy of such process together with the statutory fee, which
 fee shall be a taxable disbursement. Such service shall be sufficient if
 notice thereof and a copy of the process are:
   § 21. Section 11-609 of the administrative code of  the  city  of  New
 York is amended to read as follows:
   §  11-609 Collection of taxes. Every foreign corporation (other than a
 moneyed corporation) subject  to  the  provisions  of  this  subchapter,
 except  a  corporation  having  authority  to  do  business by virtue of
 section thirteen hundred five of the  business  corporation  law,  shall
 file  in  the  department  of  state a certificate of designation in its
 corporate name, signed and acknowledged by its president or a  vice-pre-
 sident  or  its secretary or treasurer, under its corporate seal, desig-
 nating the secretary of state as its agent  upon  whom  process  in  any
 action  provided for by this subchapter may be served within this state,
 and setting forth an address to which the secretary of state shall  mail
 a  copy  of any such process against the corporation which may be served
 upon the secretary of state. In case any  such  corporation  shall  have
 failed  to  file  such certificate of designation, it shall be deemed to
 have designated the secretary of state as its agent upon whom such proc-
 ess against it may be served; and until  a  certificate  of  designation
 shall  have  been filed the corporation shall be deemed to have directed
 the secretary of state to mail copies of process served upon him or  her
 to  the  corporation  at its last known office address within or without

 S. 8631                             9

 the state. When a certificate of designation  has  been  filed  by  such
 corporation  the  secretary of state shall mail copies of process there-
 after served upon the secretary of state to the  address  set  forth  in
 such  certificate.  Any  such corporation, from time to time, may change
 the address to which the secretary of state is directed to  mail  copies
 of  process, by filing a certificate to that effect executed, signed and
 acknowledged in like manner as a certificate of  designation  as  herein
 provided.  Service  of  process  upon  any  such corporation or upon any
 corporation having a certificate of authority under FORMER  section  two
 hundred  twelve of the general corporation law or having authority to do
 business by virtue of section thirteen  hundred  five  of  the  business
 corporation  law,  in  any  action commenced at any time pursuant to the
 provisions of this subchapter, may be made  by  either:  (a)  personally
 delivering  to  and leaving with the secretary of state, a deputy secre-
 tary of state or with any person authorized by the secretary of state to
 receive such service duplicate copies  thereof  at  the  office  of  the
 department  of  state in EITHER the city of Albany OR NEW YORK, in which
 event the secretary of state shall forthwith send  by  registered  mail,
 return  receipt  requested, one of such copies to the corporation at the
 address designated by it or at its last known office address  within  or
 without  the state, or (b) personally delivering to and leaving with the
 secretary of state, a deputy secretary  of  state  or  with  any  person
 authorized  by  the  secretary  of state to receive such service, a copy
 thereof at the office of the department of state in EITHER the  city  of
 Albany OR NEW YORK and by delivering a copy thereof to, and leaving such
 copy  with,  the  president, vice-president, secretary, assistant secre-
 tary, treasurer, assistant treasurer, or cashier of such corporation, or
 the officer performing corresponding functions under another name, or  a
 director  or  managing agent of such corporation, personally without the
 state. Proof of such personal service without the state shall  be  filed
 with the clerk of the court in which the action is pending within thirty
 days  after  such  service,  and such service shall be complete ten days
 after proof thereof is filed.
   § 22. Section 11-659 of the administrative code of  the  city  of  New
 York, as added by section 1 of part D of chapter 60 of the laws of 2015,
 is amended to read as follows:
   §  11-659 Collection of taxes. Every foreign corporation (other than a
 moneyed corporation) subject  to  the  provisions  of  this  subchapter,
 except  a  corporation  having  authority  to  do  business by virtue of
 section thirteen hundred five of the  business  corporation  law,  shall
 file  in  the  department  of  state a certificate of designation in its
 corporate name, signed and acknowledged by its president or a  vice-pre-
 sident  or  its secretary or treasurer, under its corporate seal, desig-
 nating the secretary of state as its agent  upon  whom  process  in  any
 action  provided for by this subchapter may be served within this state,
 and setting forth an address to which the secretary of state shall  mail
 a  copy  of any such process against the corporation which may be served
 upon the secretary of state. In case any  such  corporation  shall  have
 failed  to  file  such certificate of designation, it shall be deemed to
 have designated the secretary of state as its agent upon whom such proc-
 ess against it may be served; and until  a  certificate  of  designation
 shall  have  been filed the corporation shall be deemed to have directed
 the secretary of state to mail copies of process served upon him or  her
 to  the  corporation  at its last known office address within or without
 the state. When a certificate of designation  has  been  filed  by  such
 corporation  the  secretary of state shall mail copies of process there-

 S. 8631                            10
 
 after served upon the secretary of state to the  address  set  forth  in
 such  certificate.  Any  such corporation, from time to time, may change
 the address to which the secretary of state is directed to  mail  copies
 of  process, by filing a certificate to that effect executed, signed and
 acknowledged in like manner as a certificate of  designation  as  herein
 provided.  Service  of  process  upon  any  such corporation or upon any
 corporation having  a  certificate  of  authority  under  section  eight
 hundred five of the limited liability company law or having authority to
 do  business  by virtue of section thirteen hundred five of the business
 corporation law, in any action commenced at any  time  pursuant  to  the
 provisions  of  this  subchapter,  may be made by either: (a) personally
 delivering to and leaving with the secretary of state, a  deputy  secre-
 tary of state or with any person authorized by the secretary of state to
 receive  such  service  duplicate  copies  thereof  at the office of the
 department of state in EITHER the city of Albany OR NEW YORK,  in  which
 event  the  secretary  of state shall forthwith send by registered mail,
 return receipt requested, one of such copies to the corporation  at  the
 address  designated  by it or at its last known office address within or
 without the state, or (b) personally delivering to and leaving with  the
 secretary  of  state,  a  deputy  secretary  of state or with any person
 authorized by the secretary of state to receive  such  service,  a  copy
 thereof  at  the office of the department of state in EITHER the city of
 Albany OR NEW YORK and by delivering a copy thereof to, and leaving such
 copy with, the president, vice-president,  secretary,  assistant  secre-
 tary, treasurer, assistant treasurer, or cashier of such corporation, or
 the  officer performing corresponding functions under another name, or a
 director or managing agent of such corporation, personally  without  the
 state.  Proof  of such personal service without the state shall be filed
 with the clerk of the court in which the action is pending within thirty
 days after such service, and such service shall  be  complete  ten  days
 after proof thereof is filed.
   §  23.  Subdivision  1 of section 11-665 of the administrative code of
 the city of New York is amended to read as follows:
   1. Every  foreign  corporation  (other  than  a  moneyed  corporation)
 subject  to  the  provisions  of  this  subchapter, except a corporation
 having authority to do business by virtue of  section  thirteen  hundred
 five  of  the  business corporation law, shall file in the department of
 state a certificate of designation in its  corporate  name,  signed  and
 acknowledged  by  its  president  or  vice-president or its secretary or
 treasurer, under its corporate seal, designating the secretary of  state
 as  its  agent  upon  whom  process  in  any action provided for by this
 subchapter or subchapter five of this chapter may be served within  this
 state,  and  setting  forth  an  address to which the secretary of state
 shall mail a copy of any such process against the corporation which  may
 be  served  upon  the secretary of state.   In case any such corporation
 shall have failed to file such certificate of designation, it  shall  be
 deemed  to have designated the secretary of state as its agent upon whom
 such process against it may be served; and until a certificate of desig-
 nation shall have been filed the corporation shall  be  deemed  to  have
 directed  the  secretary  of state to mail copies of process served upon
 the secretary of state to the  corporation  at  its  last  known  office
 address  within  or without the state. When a certificate of designation
 has been filed by such corporation the secretary  of  state  shall  mail
 copies  of  process thereafter served upon the secretary of state to the
 address set forth in such certificate. Any such corporation,  from  time
 to  time,  may  change  the  address  to which the secretary of state is

 S. 8631                            11
 
 directed to mail copies of process, by  filing  a  certificate  to  that
 effect executed, signed and acknowledged in like manner as a certificate
 of  designation  as  herein  provided.  Service of process upon any such
 corporation  or  upon any corporation having authority to do business by
 virtue of section thirteen hundred five of the business corporation law,
 in any action commenced at any time pursuant to the provisions  of  this
 subchapter  five or FORMER subchapter six of this chapter may be made by
 either: (1) personally delivering to and leaving with the  secretary  of
 state,  a deputy secretary of state or with any person authorized by the
 secretary of state to receive such service duplicate copies  thereof  at
 the  office  of  the department of state in EITHER the city of Albany OR
 NEW YORK, in which event the secretary of state shall forthwith send  by
 registered  mail,  return  receipt  requested, one of such copies to the
 corporation at the address designated by it or at its last known  office
 address within or without the state, or (2) personally delivering to and
 leaving with the secretary of state, a deputy secretary of state or with
 any person authorized by the secretary of state to receive such service,
 a  copy  thereof  at the office of the department of state in EITHER the
 city of Albany OR NEW YORK and by delivering a copy hereof to, and leav-
 ing such copy with, the president, vice-president, secretary,  assistant
 secretary,  treasurer,  assistant  treasurer,  or cashier of such corpo-
 ration, or the officer performing corresponding functions under  another
 name,  or  a  director or managing agent of such corporation, personally
 without the state. Proof of such  personal  service  without  the  state
 shall  be filed with the clerk of the court in which the action is pend-
 ing within thirty days after such service, and  such  service  shall  be
 complete ten days after proof thereof is filed.
   §  24.  Subdivision  7  of  section 339-n of the real property law, as
 amended by chapter 346 of the laws  of  1997,  is  amended  to  read  as
 follows:
   7. A designation of the secretary of state as agent of the corporation
 or  board  of  managers  upon  whom  process  against  it may be served.
 Service of process on the secretary of state as  agent  of  such  corpo-
 ration  or  board of managers shall be made personally delivering to and
 leaving with him or her or his or her deputy, or with any person author-
 ized by the secretary of state to receive such service, at the office of
 the department of state in EITHER the city of Albany OR NEW YORK, dupli-
 cate copies of such process together with the statutory fee, which shall
 be a taxable disbursement. Service of process  on  such  corporation  or
 board  of  managers  shall be complete when the secretary of state is so
 served. The secretary of state shall promptly send one of such copies by
 certified mail, return receipt requested, to such corporation  or  board
 of  managers,  at  the post office address, on file in the department of
 state, specified for such purpose. Nothing  in  this  subdivision  shall
 affect  the right to serve process in any other manner permitted by law.
 The corporation or board of managers shall also file with the  secretary
 of  state  the name and post office address within or without this state
 to which the secretary of state shall mail a copy of any process against
 it served upon the secretary of state and shall  update  the  filing  as
 necessary.
   §  25.  Subdivision  3  of  section 442-g of the real property law, as
 amended by chapter 482 of the laws  of  1963,  is  amended  to  read  as
 follows:
   3.  Service  of such process upon the secretary of state shall be made
 by personally delivering to and leaving with him or his deputy  or  with
 any person authorized by the secretary of state to receive such service,

 S. 8631                            12
 
 at the office of the department of state in EITHER the city of Albany OR
 NEW  YORK,  duplicate copies of such process together with a fee of five
 dollars if the action is solely for the recovery of a sum of  money  not
 in  excess  of two hundred dollars and the process is so endorsed, and a
 fee of ten dollars in any other action or proceeding, which fee shall be
 a taxable disbursement. If such process is served upon behalf of a coun-
 ty, city, town or village, or other political subdivision of the  state,
 the  fee  to  be  paid  to the secretary of state shall be five dollars,
 irrespective of the amount involved or  the  nature  of  the  action  on
 account  of which such service of process is made. If the cost of regis-
 tered mail for transmitting a copy  of  the  process  shall  exceed  two
 dollars,  an  additional  fee  equal to such excess shall be paid at the
 time of the service of such process. Proof of service shall be by  affi-
 davit  of  compliance with this subdivision filed by or on behalf of the
 plaintiff together with the process, within ten days after such service,
 with the clerk of the court in which the action or special proceeding is
 pending.  Service made as provided in this section shall be complete ten
 days after such papers are filed with the clerk of the court  and  shall
 have  the  same force and validity as if served on him personally within
 the state and within the territorial  jurisdiction  of  the  court  from
 which the process issues.
   §  26.  Subdivision  2  of section 250 of the general business law, as
 amended by chapter 103 of the laws  of  1981,  is  amended  to  read  as
 follows:
   2.  A  summons in an action described in this section may issue in any
 court in the state having jurisdiction of  the  subject  matter  and  be
 served as hereinafter provided. Service of such summons shall be made by
 mailing  a  copy thereof to the OFFICE OF THE secretary of state [at his
 office] in EITHER the city of Albany  OR  NEW  YORK,  or  by  personally
 delivering  a  copy thereof to one of his regularly established offices,
 with a fee of ten dollars, and such service shall be sufficient  service
 upon such nonresident provided that notice of such service and a copy of
 the  summons  and  complaint  are  forthwith sent by or on behalf of the
 plaintiff to the  defendant  by  registered  mail  with  return  receipt
 requested. The plaintiff shall file with the clerk of the court in which
 the  action  is  pending,  or with the judge or justice of such court in
 case there be no clerk, an affidavit of compliance herewith, a  copy  of
 the  summons and complaint, and either a return receipt purporting to be
 signed by the defendant or a person qualified to receive his  registered
 mail,  in  accordance  with  the  rules  and  customs of the post office
 department; or, if acceptance was refused by the defendant or his agent,
 the original envelope bearing a notation by the postal authorities  that
 receipt  was  refused, and an affidavit by or on behalf of the plaintiff
 that notice of such mailing  and  refusal  was  forthwith  sent  to  the
 defendant  by  ordinary  mail.  Where the summons is mailed to a foreign
 country, other official proof of the delivery of the mail may  be  filed
 in  case  the  post  office department is unable to obtain such a return
 receipt. The foregoing papers shall be filed within  thirty  days  after
 the  return  receipt or other official proof of delivery or the original
 envelope bearing a notation of refusal, as the case may be, is  received
 by  the plaintiff. Service of process shall be complete when such papers
 are filed. The return receipt or other official proof of delivery  shall
 constitute  presumptive evidence that the summons mailed was received by
 the defendant or a person qualified to receive his registered mail;  and
 the  notation  of refusal shall constitute presumptive evidence that the
 refusal was by the defendant or his agent. Service of such summons  also

 S. 8631                            13
 
 may  be made by mailing a copy thereof to the OFFICE OF THE secretary of
 state [at his office] in EITHER the city of Albany OR NEW  YORK,  or  by
 personally delivering a copy thereof to one of his regularly established
 offices,  with  a fee of ten dollars, and by delivering a duplicate copy
 thereof, with a complaint annexed thereto, to the  defendant  personally
 without the state by a resident or citizen of the state of New York or a
 sheriff,  under-sheriff,  deputy-sheriff  or  constable of the county or
 other political subdivision in which the personal service is made, or an
 officer authorized by the laws of this state, to take acknowledgments of
 deeds to be recorded in this state, or an attorney and/or  counselor  at
 law,  solicitor, advocate or barrister duly qualified to practice in the
 state or country where such service is  made,  or  by  a  United  States
 marshal or deputy United States marshal. Proof of personal service with-
 out  the  state  shall be filed with the clerk of the court in which the
 action is pending  within  thirty  days  after  such  service.  Personal
 service  without  the state is complete when proof thereof is filed. The
 court in which the action is pending may order such extensions as may be
 necessary to afford the defendant reasonable opportunity to  defend  the
 action.
   §  27.  Subdivision 2 of section 352-b of the general business law, as
 amended by chapter 252 of the laws  of  1983,  is  amended  to  read  as
 follows:
   2.  Service  of such process upon the secretary of state shall be made
 by personally delivering to and leaving with him or a  deputy  secretary
 of  state  a  copy  thereof  at the office of the department of state in
 EITHER the city of Albany OR NEW YORK, and such service shall be  suffi-
 cient  service  provided  that notice of such service and a copy of such
 process are forthwith sent by the attorney general to such person, part-
 nership, corporation, company, trust or association,  by  registered  or
 certified  mail  with  return receipt requested, at his or its office as
 set forth in the "broker-dealer's statement", "salesman's statement"  or
 "investment advisor's statement" filed in the department of law pursuant
 to  section  three  hundred fifty-nine-e or section three hundred fifty-
 nine-eee of this article, or in default of the filing of such statement,
 at the last address known to the attorney general. Service of such proc-
 ess shall be complete on receipt by the attorney  general  of  a  return
 receipt  purporting  to be signed by the addressee or a person qualified
 to receive his or its registered or certified mail, in  accordance  with
 the  rules  and customs of the post office department, or, if acceptance
 was refused by the addressee or his or  its  agent,  on  return  to  the
 attorney  general  of  the  original  envelope bearing a notation by the
 postal authorities that receipt thereof was refused.
   § 28. Subdivision 2 of section 48 of the navigation law, as amended by
 chapter 166 of the laws of 1991, is amended to read as follows:
   2. A summons in an action described in this section may issue  in  any
 court  in  the  state  having  jurisdiction of the subject matter and be
 served as hereinafter provided. Service of such summons shall be made by
 mailing a copy thereof to the OFFICE OF THE secretary of state  [at  his
 office]  in  EITHER  the  city  of  Albany OR NEW YORK, or by personally
 delivering a copy thereof to one of his regularly  established  offices,
 with  a fee of ten dollars, and such service shall be sufficient service
 upon such non-resident provided that notice of such service and  a  copy
 of  the  summons and complaint are forthwith sent by or on behalf of the
 plaintiff to the  defendant  by  registered  mail  with  return  receipt
 requested. The plaintiff shall file with the clerk of the court in which
 the  action  is  pending,  or with the judge or justice of such court in

 S. 8631                            14
 
 case there be no clerk, an affidavit of compliance herewith, a  copy  of
 the  summons and complaint, and either a return receipt purporting to be
 signed by the defendant or a person qualified to receive his  registered
 mail, in accordance with the rules an customs of the post-office depart-
 ment;  or,  if acceptance was refused by the defendant or his agent, the
 original envelope bearing a notation  by  the  postal  authorities  that
 receipt  was  refused, and an affidavit by or on behalf of the plaintiff
 that notice of such mailing  and  refusal  was  forthwith  sent  to  the
 defendant  by  ordinary  mail.  Where the summons is mailed to a foreign
 country, other official proof of the delivery of the mail may  be  filed
 in  case  the  post-office  department is unable to obtain such a return
 receipt. The foregoing papers shall be filed within  thirty  days  after
 the  return  receipt or other official proof of delivery or the original
 envelope bearing a notation of refusal, as the case may be, is  received
 by  the  plaintiff.  Service of process shall be complete ten days after
 such papers are filed. The return receipt or  other  official  proof  of
 delivery  shall  constitute presumptive evidence that the summons mailed
 was received by the defendant or  a  person  qualified  to  receive  his
 registered  mail;  and the notation or refusal shall constitute presump-
 tive evidence that the refusal  was  by  the  defendant  or  his  agent.
 Service  of  such  summons also may be made by mailing a copy thereof to
 the OFFICE OF THE secretary of state [at this office] in EITHER the city
 of Albany OR NEW YORK, or by personally delivering a copy thereof to one
 of his regularly established offices, with a fee of ten dollars, and  by
 delivering a duplicate copy thereof, with the complaint annexed thereto,
 to  the  defendant personally without the state by a resident or citizen
 of the state of New York or a sheriff, under-sheriff, deputy-sheriff  or
 constable  of  the  county  or  other political subdivision in which the
 personal service is made, or an officer authorized by the laws  of  this
 state,  to  take acknowledgements of deeds to be recorded in this state,
 or an attorney and/or counselor at law, solicitor, advocate or barrister
 duly qualified to practice in the state or country where such service is
 made, or by a United States marshal or  deputy  United  States  marshal.
 Proof  of  personal  service  without  the state shall be filed with the
 clerk of the court in which the action is  pending  within  thirty  days
 after  such  service. Personal service without the state is complete ten
 days after proof thereof is filed. The court  in  which  the  action  is
 pending  may  order  such  extensions  as may be necessary to afford the
 defendant reasonable opportunity to defend the action.
   Nothing herein shall  be  construed  as  affecting  other  methods  of
 service of process against non-residents as provided by law.
   § 29. Subdivision 2 of section 74 of the navigation law, as amended by
 chapter 395 of the laws of 1963, is amended to read as follows:
   2.  A summons and complaint in an action described in this section may
 issue in any court in the  state  having  jurisdiction  of  the  subject
 matter  and  be  served as hereinafter provided. Service of such summons
 and complaint shall be made by mailing a copy thereof to the  OFFICE  OF
 THE  secretary  of state [at his office] in EITHER the city of Albany OR
 NEW YORK, or by personally delivering a copy thereof to one of his regu-
 larly established offices, with a fee of five dollars, and such  service
 shall  be sufficient service upon such non-resident provided that notice
 of such service and a copy of the summons and  complaint  are  forthwith
 sent  by  or  on  behalf of the plaintiff to the defendant by registered
 mail with return receipt requested. The plaintiff shall  file  with  the
 clerk  of the court in which the action is pending, or with the judge or
 justice of such court in case there be no clerk, an affidavit of compli-

 S. 8631                            15
 
 ance herewith, a copy of the summons and complaint, and either a  return
 receipt  purporting  to be signed by the defendant or a person qualified
 to receive his registered mail, in accordance with the rules and customs
 of  the  post  office  department;  or, if acceptance was refused by the
 defendant or his agent, the original envelope bearing a notation by  the
 postal  authorities  that receipt was refused, and an affidavit by or on
 behalf of the plaintiff that notice of  such  mailing  and  refusal  was
 forthwith  sent  to the defendant by ordinary mail. Where the summons is
 mailed to a foreign country, other official proof of the delivery of the
 mail may be filed in case the post-office department is unable to obtain
 such a return receipt. The foregoing papers shall be filed within thirty
 days after the return receipt or other official proof of delivery or the
 original envelope bearing a notation of refusal, as the case may be,  is
 received  by  the  plaintiff.  Service of process shall be complete when
 such papers are filed. The return receipt or  other  official  proof  of
 delivery  shall  constitute presumptive evidence that the summons mailed
 was received by the defendant or  a  person  qualified  to  receive  his
 registered  mail;  and the notation of refusal shall constitute presump-
 tive evidence that the refusal  was  by  the  defendant  or  his  agent.
 Service  of  such  summons also may be made by mailing a copy thereof to
 the OFFICE OF THE secretary of state [at his office] in EITHER the  city
 of Albany OR NEW YORK, or by personally delivering a copy thereof to one
 of his regularly established offices, with a fee of five dollars, and by
 delivering a duplicate copy thereof, with the complaint annexed thereto,
 to  the  defendant personally without the state by a resident or citizen
 of the state of New York or a sheriff, under-sheriff, deputy-sheriff  or
 constable  of  the  county  or  other political subdivision in which the
 personal service is made, or an officer authorized by the laws  of  this
 state, to take acknowledgments of deeds to be recorded in this state, or
 an  attorney  and/or  counselor at law, solicitor, advocate or barrister
 duly qualified to practice in the state or country where such service is
 made, or by a United States marshal or  deputy  United  States  marshal.
 Proof  of  personal  service  without  the state shall be filed with the
 clerk of the court in which the action is  pending  within  thirty  days
 after  such service. Personal service without the state is complete when
 proof thereof is filed. The court in which the  action  is  pending  may
 order such extension as may be necessary to afford the defendant reason-
 able opportunity to defend the action.
   §  30. Subdivision 2 of section 253 of the vehicle and traffic law, as
 amended by chapter 166 of the laws  of  1991,  is  amended  to  read  as
 follows:
   2.  A  summons in an action described in this section may issue in any
 court in the state having jurisdiction of  the  subject  matter  and  be
 served as hereinafter provided. Service of such summons shall be made by
 mailing  a  copy thereof to the OFFICE OF THE secretary of state [at his
 office] EITHER in the city of Albany  OR  NEW  YORK,  or  by  personally
 delivering  a  copy thereof to one of his regularly established offices,
 with a fee of ten dollars, and such service shall be sufficient  service
 upon  such  non-resident provided that notice of such service and a copy
 of the summons and complaint are forthwith sent by or on behalf  of  the
 plaintiff  to  the  defendant  by certified mail or registered mail with
 return receipt requested. The plaintiff shall file with the clerk of the
 court in which the action is pending, or with the judge  or  justice  of
 such  court  in case there be no clerk, an affidavit of compliance here-
 with, a copy of the summons and complaint, and either a  return  receipt
 purporting  to  be  signed  by  the  defendant  or a person qualified to

 S. 8631                            16
 
 receive his certified mail or registered mail, in  accordance  with  the
 rules  and  customs of the post-office department; or, if acceptance was
 refused by the defendant or his agent, the original envelope  bearing  a
 notation  by  the  postal  authorities  that receipt was refused, and an
 affidavit by or on behalf of the plaintiff that notice of  such  mailing
 and refusal was forthwith sent to the defendant by ordinary mail; or, if
 the  registered  or  certified  letter  was  returned to the post office
 unclaimed, the original  envelope  bearing  a  notation  by  the  postal
 authorities  of such mailing and return, an affidavit by or on behalf of
 the plaintiff that the summons was posted again  by  ordinary  mail  and
 proof  of  mailing  certificate  of  ordinary mail. Where the summons is
 mailed to a foreign country, other official proof of the delivery of the
 mail may be filed in case the post-office department is unable to obtain
 such a return receipt. The foregoing papers shall be filed within thirty
 days after the return receipt or other official proof of delivery or the
 original envelope bearing a notation of refusal, as the case may be,  is
 received  by  the  plaintiff.  Service of process shall be complete when
 such papers are filed. The return receipt or  other  official  proof  of
 delivery  shall  constitute presumptive evidence that the summons mailed
 was received by the defendant or  a  person  qualified  to  receive  his
 certified  mail  or  registered  mail; and the notation of refusal shall
 constitute presumptive evidence that the refusal was by the defendant or
 his agent.  Service of such summons also may be made by mailing  a  copy
 thereof  to  the  OFFICE  OF  THE  secretary of state [at his office] in
 EITHER the city of Albany OR NEW YORK, or  by  personally  delivering  a
 copy  thereof to one of his regularly established offices, with a fee of
 ten dollars, and  by  delivering  a  duplicate  copy  thereof  with  the
 complaint annexed thereto, to the defendant personally without the state
 by  a  resident or citizen of the state of New York or a sheriff, under-
 sheriff, deputy-sheriff or constable of the county  or  other  political
 subdivision in which the personal service is made, or an officer author-
 ized  by the laws of this state, to take acknowledgements of deeds to be
 recorded in this state, or an attorney and/or counselor at law,  solici-
 tor,  advocate  or  barrister duly qualified to practice in the state or
 country where such service is made, or by a United  States  marshall  or
 deputy  United  States  marshall.  Proof of personal service without the
 state shall be filed with the clerk of the court in which the action  is
 pending  within thirty days after such service. Personal service without
 the state is complete when proof thereof is filed. The  court  in  which
 the  action  is pending may order such extensions as may be necessary to
 afford the defendant reasonable opportunity to defend the action.
   § 31. This act shall take effect on  the  one  hundred  eightieth  day
 after it shall have become a law.