S. 6812 By: Senator Volker
A. 11024 By: M of A Pretlow

Senate Committee: Codes
Assembly Committee: Codes

Effective Date: Immediately

AN ACT to amend the civil practice law and rules, in relation to personal service upon a corporation or government subdivision

LAW AND SECTION REFERRED TO: CPLR 311(b)

REPORT PREPARED BY THE COMMITTEE ON CIVIL PRACTICE LAW AND RULES (#49)
 

CPLR 311 was amended in 1996 to add subsection (b) which provides for substituted service upon a corporation or governmental subdivision is such a manner as provided by the court. Prior to the enactment of CPLR 311(b), there was permitted substituted service by service upon the Secretary of State under BCL '306, in the case of a domestic corporation or a licensed foreign corporation; however, there was no provision for substituted service upon the corporations and subdivisions enumerated in CPLR 311(a)(1) - (8). CPLR 311(b) allows a plaintiff seeking to serve any of the entities covered by CPLR 311(a) to effect substituted service in a similar manner as is provided for substituted service upon a natural person under CPLR 308(5).

This amendment is necessitated by the amended to CPLR 306-b which became effective January 1, 1998. The amendment eliminates the reference to the affidavit of service, the filing of which is no longer required under CPLR 306-b. The proposed language simply makes the provisions of CPLR 311(b) consistent with CPLR 306-b.

For the foregoing reasons, this bill is APPROVED.

Person Who Prepared This Report: Sharon Stern Gerstman, Esq.

Chair of the Committee: Paul H. Aloe, Esq.