2010 New York Code
RPP - Real Property
Article 12-A - (440 - 443-A) REAL ESTATE BROKERS AND REAL ESTATE SALESMEN
442-G - Nonresident licensees.

§  442-g.  Nonresident  licensees.  1. A nonresident of this state may
  become a real estate broker or a real estate salesman by  conforming  to
  all  of the provisions of this article, except that a nonresident broker
  regularly engaged in the real estate  business  as  a  vocation  who  is
  licensed  and  maintains  a definite place of business in another state,
  which offers the same privileges to the licensed brokers of this  state,
  shall not be required to maintain a place of business within this state.
  Anything  to the contrary herein notwithstanding, if any state prohibits
  or restricts the right of a resident of this state to become a  licensed
  nonresident  real estate broker or salesman, then the issuance of such a
  license to an applicant  resident  in  such  state  shall  be  similarly
  restricted.   The department of state shall recognize the license issued
  to a real estate broker or salesman by another state  as  satisfactorily
  qualifying  him  for  license as broker or salesman, as the case may be,
  under this section; provided that the laws of the state of which he is a
  resident require that applicants for licenses as real estate brokers and
  salesmen shall establish their competency by  written  examinations  but
  permit  licenses to be issued to residents of the State of New York duly
  licensed under this article, without examination. If the applicant is  a
  resident  of  a  state which has not such requirement then the applicant
  must meet  the  examination  requirement  as  provided  herein  and  the
  department  of state shall issue a license to such nonresident broker or
  salesman upon payment of the license fee and the filing by the applicant
  with the department of a  certified  copy  of  the  applicant's  license
  issued by such other state.
    2.  Every  nonresident  applicant  shall  file with his application or
  renewal application an irrevocable consent on a form prescribed  by  the
  department of state submitting himself to the jurisdiction of the courts
  of this state and designating the secretary of state of the state of New
  York as his agent upon whom may be served any summons, subpoena or other
  process  against  him in any action or special proceeding.  Such process
  may issue in any court in this state having jurisdiction of the  subject
  matter,  and  the  process  shall  set  forth that the action or special
  proceeding is within the jurisdiction of the court.
    3. Service of such 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,
  duplicate  copies of such process together with a fee of five dollars if
  the action is solely for the recovery of a sum of money not in excess of
  two hundred dollars and the process is so endorsed, and  a  fee  of  ten
  dollars  in any other action or proceeding, which fee shall be a taxable
  disbursement.  If such process is served upon behalf of a county,  city,
  town or village, or other political subdivision of the state, the fee to
  be paid to the secretary of state shall be five dollars, irrespective of
  the amount involved or the nature of the action on account of which such
  service  of  process  is  made.  If  the  cost  of  registered  mail for
  transmitting a  copy  of  the  process  shall  exceed  two  dollars,  an
  additional  fee  equal  to  such excess shall be paid at the time of the
  service of such process.   Proof of service shall  be  by  affidavit  of
  compliance  with this subdivision filed by or on behalf of the plaintiff
  together with the process, within ten days after such service, with  the
  clerk of the court in which the action or special proceeding is pending.
  Service  made  as  provided  in  this section shall be complete ten days
  after such papers are filed with the clerk of the court and  shall  have
  the  same  force  and validity as if served on him personally within the
  state and within the territorial jurisdiction of the  court  from  which
  the process issues.

4.  The  secretary  of state shall promptly send one of such copies by
  registered mail, return receipt requested, to the nonresident broker  or
  nonresident  salesman  at  the post office address of his main office as
  set forth in the last application filed by him.
    5.  Nothing in this section shall effect the right to serve process in
  any other manner permitted by law.

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