This text of New York § 150-A (Secretary as agent for service of process on non-resident non-insured employers; method and effect of service) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 150-a. Secretary as agent for service of process on non-resident\nnon-insured employers; method and effect of service. Any non-insured\nemployer, not a resident of this state or any resident non-insured\nemployer who becomes a non-resident of this state after the occurrence\nof any injury to an employee, who shall employ or who shall have\nemployed any person who shall be entitled to benefits under this\nchapter, shall be deemed, by the accepting of the privilege of engaging\nin work in this state, to make, constitute and appoint the secretary of\nthe workmen's compensation board as his or its agent for the acceptance\nof process in any proceeding by any such employee or dependent or\nrepresentative of such employee, under and by virtue of this chapter;\nand the acceptance of such priv
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§ 150-a. Secretary as agent for service of process on non-resident\nnon-insured employers; method and effect of service. Any non-insured\nemployer, not a resident of this state or any resident non-insured\nemployer who becomes a non-resident of this state after the occurrence\nof any injury to an employee, who shall employ or who shall have\nemployed any person who shall be entitled to benefits under this\nchapter, shall be deemed, by the accepting of the privilege of engaging\nin work in this state, to make, constitute and appoint the secretary of\nthe workmen's compensation board as his or its agent for the acceptance\nof process in any proceeding by any such employee or dependent or\nrepresentative of such employee, under and by virtue of this chapter;\nand the acceptance of such privilege shall be a signification of such\nemployer that any such process issued against him or it, which is so\nserved, shall be of the same legal force and validity as if served upon\nhim or it personally within the state.\n Service of such process shall be made by filing a copy of the claim\nfor workmen's compensation with the secretary of the board, and such\nservice shall be sufficient service upon such non-resident employer,\nprovided that notice of such filing together with copy of the claim for\nworkmen's compensation are forthwith sent by registered mail by the\nsecretary of the board to the employer to the address stated in such\nclaim for workmen's compensation or the last known address of the\nemployer.\n A non-resident employer against whom claim for compensation has been\nfiled with the chairman under and by virtue of this chapter shall be\ndeemed to have consented that the appointment of the secretary of the\nboard as his or its agent for the acceptance of process pursuant to the\nprovisions of this section shall be irrevocable and binding upon his\nexecutor or administrator. Where the non-resident employer has died\nprior to the filing of a claim for workmen's compensation with the\nchairman, service of process shall be made on the executor or\nadministrator of such non-resident employer in the same manner and on\nthe same notice as is provided in the case of a non-resident employer.\nWhere the non-resident employer has died subsequent to the service of\nprocess made in accordance with the provisions of this section, the\nproceedings under and by virtue of this chapter shall continue against\nhis executor or administrator upon such notice as the board shall deem\nproper. The board may order such continuance as may be necessary to\nafford the employer a reasonable opportunity to defend the claim.\n This section shall be construed to extend the right of service of\nprocess upon non-residents and shall not be construed as limiting any\nprovisions for the service of process now or hereafter existing.\n