N.Y. Workers' Compensation Law § 150-a: Secretary as agent for service of process on non-resident non-insured employers; method and effect of service

§ 150-a. Secretary as agent for service of process on non-resident

non-insured employers; method and effect of service. Any non-insured

employer, not a resident of this state or any resident non-insured

employer who becomes a non-resident of this state after the occurrence

of any injury to an employee, who shall employ or who shall have

employed any person who shall be entitled to benefits under this

chapter, shall be deemed, by the accepting of the privilege of engaging

in work in this state, to make, constitute and appoint the secretary of

the workmen's compensation board as his or its agent for the acceptance

of process in any proceeding by any such employee or dependent or

representative of such employee, under and by virtue of this chapter;

and the acceptance of such privilege shall be a signification of such

employer that any such process issued against him or it, which is so

served, shall be of the same legal force and validity as if served upon

him or it personally within the state.

Service of such process shall be made by filing a copy of the claim

for workmen's compensation with the secretary of the board, and such

service shall be sufficient service upon such non-resident employer,

provided that notice of such filing together with copy of the claim for

workmen's compensation are forthwith sent by registered mail by the

secretary of the board to the employer to the address stated in such

claim for workmen's compensation or the last known address of the

employer.

A non-resident employer against whom claim for compensation has been

filed with the chairman under and by virtue of this chapter shall be

deemed to have consented that the appointment of the secretary of the

board as his or its agent for the acceptance of process pursuant to the

provisions of this section shall be irrevocable and binding upon his

executor or administrator. Where the non-resident employer has died

prior to the filing of a claim for workmen's compensation with the

chairman, service of process shall be made on the executor or

administrator of such non-resident employer in the same manner and on

the same notice as is provided in the case of a non-resident employer.

Where the non-resident employer has died subsequent to the service of

process made in accordance with the provisions of this section, the

proceedings under and by virtue of this chapter shall continue against

his executor or administrator upon such notice as the board shall deem

proper. The board may order such continuance as may be necessary to

afford the employer a reasonable opportunity to defend the claim.

This section shall be construed to extend the right of service of

process upon non-residents and shall not be construed as limiting any

provisions for the service of process now or hereafter existing.