New York 2025-2026 Regular Session

New York Assembly Bill A04281

Introduced
2/4/25  
Refer
2/4/25  

Caption

Expands service of process to the department of state in the city of New York.

Summary

This bill expands where service of process may be made on the New York Department of State. Under current law, many entities and actions require service at the Department of State office in Albany; this bill would allow service to be made either in Albany or at the Department of State office in New York City. It applies this change across a wide range of statutes governing corporations, limited liability companies, partnerships, not-for-profit corporations, charitable organizations, foreign corporations, tax-related actions, real property matters, and certain nonresident motor vehicle and navigation-law proceedings. The bill also updates several provisions to reflect electronic service options already used in some contexts. In multiple sections, it preserves or adds the ability to submit process electronically through a Department of State system when the entity has an email address on file, with service deemed complete upon review and acceptance by the department. It also makes conforming language changes throughout the affected laws, replacing gendered references to the secretary of state with neutral references and standardizing terminology across the statutes.

Impact

The bill would amend numerous provisions of the Business Corporation Law, Executive Law, General Associations Law, Limited Liability Company Law, Not-for-Profit Corporation Law, Partnership Law, Tax Law, Administrative Code of the City of New York, Real Property Law, General Business Law, Navigation Law, and Vehicle and Traffic Law. Its principal legal effect is to authorize personal delivery of process to the Department of State at either the Albany or New York City office wherever service on the secretary of state is currently permitted at Albany, while leaving existing mailing, fee, and completion rules largely intact. It would also reinforce or expand electronic service procedures in several entity-service provisions and make related technical and stylistic amendments.

Sentiment

The bill text and available legislative history do not show recorded votes or committee debate, so there is no documented formal opposition or support in the provided materials. Based on the substance of the measure, the bill appears aimed at convenience and modernization, especially for litigants and businesses that would gain an additional service location and more explicit electronic filing options. The overall tone of the proposal is administrative and procedural rather than controversial.

Contention

The main potential point of contention is whether expanding service of process to New York City could impose operational, staffing, or implementation burdens on the Department of State, or whether it could create uncertainty about service procedures during the transition to dual-office service. Another possible issue is the interaction between traditional in-person service and electronic service, particularly for entities that may not have updated email addresses on file. No specific objections, amendments, or opposing arguments are included in the provided transcripts or vote history.

Companion Bills

No companion bills found.

Previously Filed As

NY S07471

Expands service of process to the department of state in the city of New York.

NY S08093

Allows members of the New York city fire department pension fund to obtain service credit for retirement eligibility and retirement allowance from any of the public retirement systems of New York state.

NY HB261343

Concerning expanding the use of electronic processes in proceedings involving the "State Administrative Procedure Act".

NY A11390

Relates to electronic service of process

NY S09069

Provides for the transfer of service credit by a member of the New York city police pension fund into the New York city police pension fund.

NY A10152

Provides for the transfer of service credit by a member of the New York city police pension fund into the New York city police pension fund.

NY A11116

Increases the mileage fees in the city of New York for services provided by sheriffs.

NY S10130

Increases the mileage fees in the city of New York for services provided by sheriffs.

NY A09606

Enacts the New York state food security purchase and processing act to establish a state-level program that purchases food grown or raised by New York farmers; requires processing within New York State; distributes such food to communities in need.

NY S08868

Enacts the New York state food security purchase and processing act to establish a state-level program that purchases food grown or raised by New York farmers; requires processing within New York State; distributes such food to communities in need.

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