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Service of Process
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How do I serve process on the Secretary of State
as agent of an Address Confidentiality Program participant?
In addition to the other methods prescribed by law, the New York Secretary of State acts as the statutory agent for service of process for participants in the Address Confidentiality Program. Service of process is accepted pursuant to Executive Law §108. Please note that nothing in this section of law affects the right to serve process in any other manner permitted by law.
Only "process" as defined in Executive Law §108(1)(h) may be served on the New York Secretary of State as agent. "Process" is defined as judicial process and all orders, demands, notices or other papers required or permitted by law to be served on a program participant.
In order to service process, two copies of the process must be personally served on an authorized Department of State employee at the Office of the New York Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. The Customer Service Counter is located on the 6th Floor. Service on the Secretary of State by mail is not permitted. The statutory fee for serving process is $40.
To serve process on the New York Secretary of State as statutory agent of an Address Confidentiality Program participant, the Process Server will be required to:
1. determine the program participant intended to be served;
2. complete a "Service of Process Cover Sheet;" check "other" in section 3 of the cover sheet and indicate that service is pursuant to Executive Law §108
3. hand-deliver the two copies of the process being served (with the Service of Process Cover Sheet stapled thereto), and the $40 fee, to an authorized person at the New York Department of State’s office at One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. Process, must be brought to the Customer Service Counter located on the 6th Floor.
Download "Service of Process Cover Sheet" (pdf file)
