NY Not for Profit Corp L § 307 (2021)
2021 New York Laws NPC - Not-For-Profit Corporation Article 3 - Corporate Name and Service of Process 307 - Service of Process on Unauthorized Foreign Corporation.

§ 307. Service of process on unauthorized foreign corporation.  (a)  In  any  case  in which a non-domiciliary would be subject to the personal or other jurisdiction of the courts of this state under article three of the civil practice law and rules,  a  foreign  corporation  not authorized  to  conduct  activities  in  this state is subject to a like jurisdiction. In any such case, process against such foreign corporation may be served upon the secretary of state as its agent. Such process may issue in any court in this state  having  jurisdiction  of  the  subject matter.   * (b)  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 the city of Albany, 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:  (1)  Delivered  personally  without  this  state   to   such   foreign corporation by a person and in the manner authorized to serve process by law of the jurisdiction in which service is made, or  (2)  Sent by or on behalf of the plaintiff to such foreign corporation by registered mail with return receipt requested,  at  the  post  office address  specified  for  the  purpose of mailing process, on file in the department of state,  or  with  any  official  or  body  performing  the equivalent  function, in the jurisdiction of its incorporation, or if no such address is there specified, to its registered or other office there specified, or if no such office is there specified, to the last  address of such foreign corporation known to the plaintiff.   * NB Effective until January 1, 2023   * (b) (1) Service of such process upon the secretary of state shall be made  in  the manner provided by items (i) or (ii) of this subparagraph. Either option of service authorized pursuant to this paragraph shall  be available at no extra cost to the consumer. (i) Personally delivering to and leaving with him or his deputy, or with any person authorized by the secretary  of  state  to  receive  such  service,  at  the office of the department of state in the city  of  Albany,  a  copy  of  such  process together   with  the  statutory  fee,  which  fee  shall  be  a  taxable disbursement. (ii) Electronically submitting a copy of  the  process  to the department of state together with the statutory fee, which fee shall be  a taxable disbursement, through an electronic system operated by the department of state.  (2) Service under this paragraph shall be sufficient if notice thereof and a copy of the process are:  (i)  Delivered  personally  without  this  state   to   such   foreign corporation by a person and in the manner authorized to serve process by law of the jurisdiction in which service is made, or  (ii) Sent by or on behalf of the plaintiff to such foreign corporation by  registered  mail  with  return receipt requested, at the post office address specified for the purpose of mailing process,  on  file  in  the department  of  state,  or  with  any  official  or  body performing the equivalent function, in the jurisdiction of its incorporation, or if  no such address is there specified, to its registered or other office there specified,  or if no such office is there specified, to the last address of such foreign corporation known to the plaintiff.   * NB Effective January 1, 2023  (c) (1) Where service of a copy of process was  effected  by  personal service,  proof of service shall be by affidavit of compliance with this section filed, together with the process, within thirty days after  such service,  with  the  clerk  of  the court in which the action or special  proceeding is pending. Service of process shall  be  complete  ten  days after such papers are filed with the clerk of the court.  (2)  Where  service  of  a  copy of process was effected by mailing in accordance with this section, proof of service shall be by affidavit  of compliance  with  this  section filed, together with the process, within thirty days after receipt of the return receipt signed  by  the  foreign corporation,  or  other  official  proof  of delivery or of the original envelope mailed. If a copy of the process is mailed in  accordance  with this  section,  there  shall  be  filed with the affidavit of compliance either the return receipt signed by such foreign  corporation  or  other official  proof  of  delivery  or,  if acceptance was refused by it, the original envelope  with  a  notation  by  the  postal  authorities  that acceptance  was refused. If acceptance was refused, a copy of the notice and process together with the notice of the mailing by  registered  mail and refusal to accept shall be promptly sent to such foreign corporation at  the  same  address  by ordinary mail and the affidavit of compliance shall so state. Service of process shall be complete ten days after such papers are filed with the clerk of the  court.  The  refusal  to  accept delivery  of the registered mail or to sign the return receipt shall not affect the validity of the service and such foreign corporation refusing to accept such registered mail shall be charged with  knowledge  of  the contents thereof.  (d) Service made as provided in this section shall have the same force as personal service made within this state.  (e) Nothing in this section shall affect the right to serve process in any other manner permitted by law.