N.Y. Comp. Codes R. & Regs. tit. 19 § 134.12

Current through Register Vol. 46, No. 45, November 2, 2024

Section 134.12 - Service of process

(a) Service of process.

(1) Service of process on the Secretary of State as agent of a program participant, a program participant's minor child, incapacitated person or other adult member of the program participant's household 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 the city of Albany, duplicate copies of such process together with the statutory fee, which fee shall be a taxable disbursement. Service of process on such program participant, a program participant's minor child, incapacitated person or other adult member of the program participant's household 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 program participant, a program participant's minor child, incapacitated person or other adult member of the program participant's household at the actual address of the program participant on file in the Department of State.

(2) Nothing in this section shall affect the right to serve process in any other manner permitted by law.

(b) Process records and certificates of Department of State. The program shall keep a record of each process served upon the Secretary of State under Executive Law section 108, including the date of service. It shall, upon request made within 10 years of such service, issue a certificate under its seal certifying as to the receipt of the process by an authorized person, the date and place of such service and the receipt of the statutory fee. Process served upon the Secretary of State pursuant to Executive Law section 108 shall be destroyed by him or her after a period of 10 years from such service.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 134.12