2006 New York Code - Supplementary Regulations; Extensions Of Time.

 
    § 73.   Supplementary   regulations;   extensions   of  time.  1.  The
  superintendent  may   from   time   to   time   promulgate   appropriate
  supplementary  rules  and  regulations designed to carry out the express
  provisions and purposes of this article.
    2. For good cause  shown,  the  superintendent  may  grant  reasonable
  extensions of time for doing any act required by this article.
    3.  (a)  The  trustees  of  any  employee  welfare  fund which has its
  principal place of business without the state, shall,  within  ten  days
  after  registering  a  fund  with  the  superintendent,  file  with  the
  secretary  of  state  a  designation,  duly  acknowledged,   irrevocably
  appointing the secretary of state as their agent upon whom may be served
  any summons, subpoena, subpoena duces tecum or other process directed to
  such  trustees, in any action or proceeding brought under the provisions
  of this article arising out of or in connection  with  any  transaction,
  matter  or  thing  relating  to such fund. If the trustees shall fail to
  make such designation in the manner and  within  the  period  above  set
  forth,  or,  in  the  case  of  a  fund  which  was  registered with the
  superintendent on the effective date of  this  act,  within  six  months
  after  such  effective  date,  such  trustees  shall  be  deemed to have
  irrevocably appointed the secretary of state as  such  agent  upon  whom
  service of such process may be made.
    (b)  Service of such process shall be made by serving the secretary of
  state with a copy thereof and such service shall be sufficient  provided
  that  notice  thereof and a copy of the process are sent within ten days
  thereafter by the moving party to the trustees at the office address  of
  the  fund  by  registered  mail  with return receipt requested.   In any
  examination or hearing instituted by the superintendent, service of such
  process  shall  be  complete  ten  days  after  the   receipt   by   the
  superintendent  of  a  return  receipt  purporting  to  be signed by the
  trustees or their agent or agents  in  accordance  with  the  rules  and
  customs  of the post office department, or, if acceptance was refused by
  the trustees or their agents, the original envelope bearing  a  notation
  by  the  postal  authorities  that receipt was refused. In any action or
  proceeding instituted in any court in this state having jurisdiction  of
  the  subject  matter,  the moving party shall file with the clerk of the
  court in which such action or proceeding is pending, or with  the  judge
  or  justice  of  such  court, in case there be no clerk, an affidavit of
  compliance herewith, a copy  of  the  process,  and  either  the  return
  receipt  or  the original envelope bearing a notation of refusal, as the
  case may be. Such affidavit and  other  papers  shall  be  filed  within
  thirty days after the return receipt or original envelope is received by
  the  moving  party,  and  service  of process shall be complete ten days
  thereafter.  Service  of  any  process  made  in  accordance  with  this
  subdivision  shall  be  deemed  to  have been made personally within the
  state and, in the case of a  court  action  or  proceeding,  within  the
  territorial jurisdiction of the court from which such process issued.
    4.  The  trustees of every employee welfare fund shall preserve all of
  its records of final entry and all reports and  statements  required  by
  this article and the regulations thereunder for a period of at least six
  years  from  the  date  of  making  the  same;  provided,  however, that
  preservation  of  photographic  reproduction  thereof  or   records   in
  photographic  form  shall constitute compliance with the requirements of
  this section.