Section 121-109. Service of process on limited partnerships

(a) Service of
  process  on  the secretary of state as agent of a domestic or authorized
  foreign limited partnership shall be made as follows:
    (1) By personally delivering to and leaving with him or his deputy, or
  with any person authorized by the secretary of  state  to  receive  such
  service, at the office of the department of state in the city of Albany,
  duplicate  copies of such process together with the statutory fee, which
  fee shall be a taxable disbursement.
    (2) The service on  the  limited  partnership  is  complete  when  the
  secretary of state is so served.
    (3)  The  secretary of state shall promptly send one of such copies by
  certified mail, return  receipt  requested,  addressed  to  the  limited
  partnership  at  the  post  office address, on file in the department of
  state, specified for that purpose.
    (b) In any case in which a non-domiciliary would  be  subject  to  the
  personal or other jurisdiction of the courts of this state under article
  three of the civil practice law and rules, a foreign limited partnership
  not  authorized  to  do  business  in  this  state  is subject to a like
  jurisdiction. In any such case, process  against  such  foreign  limited
  partnership may be served upon the secretary of state as its agent. Such
  process  may issue in any court in this state having jurisdiction of the
  subject matter.  Service of process upon the secretary of state shall be
  made by personally delivering to and leaving with him or his deputy,  or
  with  any  person  authorized  by the secretary of state to receive such
  service, at the office of the department of state in the city of Albany,
  a copy of such process together with the statutory fee, which fee  shall
  be  a  taxable  disbursement. Such service shall be sufficient if notice
  thereof and a copy of the process are:
    (1) Delivered personally without this state to  such  foreign  limited
  partnership by a person and in the manner authorized to serve process by
  law of the jurisdiction in which service is made, or
    (2)  Sent  by  or  on  behalf of the plaintiff to such foreign limited
  partnership by registered mail with return  receipt  requested,  at  the
  post  office  address  specified  for the purpose of mailing process, on
  file in the department of state, or with any official or body performing
  the equivalent function, in the jurisdiction of its creation, or  if  no
  such  address  is  specified,  to  its  registered or other office there
  specified, or if no such office is specified, to  the  last  address  of
  such foreign limited partnership known to the plaintiff.
    (3)  Where  service  of  a  copy  of  process was effected by personal
  service, proof of service shall be by affidavit of compliance with  this
  section  filed, together with the process, within thirty days after such
  service with the clerk of the court  in  which  the  action  or  special
  proceeding  is  pending.  Service  of process shall be complete ten days
  after such papers are filed with the clerk of the court.
    (4) Where service of a copy of process  was  effected  by  mailing  in
  accordance  with  this section proof of service shall be by affidavit of
  compliance with this section filed, together with  the  process,  within
  thirty  days  after  receipt of the return receipt signed by the foreign
  limited partnership, or other official  proof  of  delivery  or  of  the
  original  envelope  mailed.  If  a  copy  of  the  process  is mailed in
  accordance with this section, there shall be filed with the affidavit of
  compliance either the return receipt  signed  by  such  foreign  limited
  partnership  or  other  official proof of delivery or, if acceptance was
  refused by it, the original envelope  with  a  notation  by  the  postal
  authorities  that  acceptance  was  refused. If acceptance was refused a
  copy of the notice and process together with notice of  the  mailing  by
  registered  mail  and  refusal  to accept shall be promptly sent to such

  foreign limited partnership at the same address by ordinary mail and the
  affidavit of compliance shall so state.  Service  of  process  shall  be
  complete  ten  days  after  such  papers are filed with the clerk of the
  court.  The refusal to accept delivery of the registered mail or to sign
  the return receipt shall not affect the validity of the service and such
  foreign limited partnership refusing  to  accept  such  registered  mail
  shall be charged with knowledge of the contents thereof.
    (5) Service made as provided in this section shall have the same force
  as personal service made within this state.
    (c)  The  secretary of state shall keep a record of all process served
  upon him under this section and shall record therein the  date  of  such
  service and his action with reference thereto.
    (d)  Nothing contained in this section shall limit or affect the right
  to serve any process required or permitted by law to be served upon  the
  limited  partnership  in  any other manner now or hereafter permitted by
  law or applicable rules of procedure.