N.Y. General City Model 772/66 § 64: Service of process; limitation of time

§ 64. Service of process; limitation of time. 1. Every foreign

corporation (other than a moneyed corporation) subject to the provisions

of this part, except a corporation having a certificate of authority

under 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 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 part

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 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 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 part 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 the city of

Albany, 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 the city of

Albany and by delivering a copy thereof to, and leaving such copy with,

the president, vice-president, secretary, assistant secretary,

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.

2. The provisions of the civil practice law and rules relative to the

limitation of time of enforcing a civil remedy shall not apply to any

proceeding or action taken to levy, appraise, assess, determine or

enforce the collection of any tax or penalty prescribed by this part or

part six of this title, provided, however, that as to real estate in the

hands of persons who are owners thereof who would be purchasers in good

faith but for such tax or penalty and as to the lien on real estate of

mortgages held by persons who would be holders thereof in good faith but

for such tax or penalty, all such taxes and penalties shall cease to be

a lien on such real estate as against such purchasers or holders after

the expiration of ten years from the date such taxes became due and

payable. The limitations herein provided for shall not apply to any

transfer from a corporation to a person or corporation with intent to

avoid payment of any taxes, or where with like intent the transfer is

made to a grantee corporation, or any subsequent grantee corporation

controlled by such grantor or which has any community of interest with

it, either through stock ownership or otherwise.