N.Y. PAR Law § 25.27 — New York Code / Act PAR / Title D / Article 25 / Section 25.27
Service on nonresidents and certain residents, administrators or executors
Status: in_force

§ 25.27 Service on nonresidents and certain residents, adminis-\ntrators or executors.  1. The use or operation by a nonresident of a\nsnowmobile in this state, or the use or operation in this state of a\nsnowmobile in the business of a nonresident or the use or operation in\nthis state of a snowmobile owned by a nonresident if so used or operated\nwith his permission, express or implied, shall be deemed equivalent to\nan appointment by such nonresident of the secretary of state to be his\ntrue and lawful attorney upon whom may be served the summons in any\naction against him, growing out of any accident or collision in which\nsuch nonresident may be involved while using or operating such\nsnowmobile in this state or in which such snowmobile may be involved\nwhile being used or operated in this state in the business of such\nnonresident or with the permission, express or implied, of such\nnonresident or with the permission, express of implied, of such\nnonresident owner. Such use or operation shall be deemed a signification\nof his agreement that any such summons against him which is so served\nshall be of the same legal force and validity as if served on him\npersonally within the state and within the territorial jurisdiction of\nthe court from which the summons issues, and that such appointment of\nthe secretary of state shall be irrevocable and binding upon his\nexecutor or administrator. Where such nonresident has died prior to the\ncommencement of an action brought pursuant to this section, service of\nprocess shall be made on the executor or administrator of such\nnonresident in the same manner and on the same notice as is provided in\nthe case of the nonresident himself. Where an action has been duly\ncommenced under the provisions of this section against a nonresident who\ndies thereafter, the court shall allow the action to be continued\nagainst his executor or administrator upon motion with such notice as\nthe court deems proper.\n  2. A summons in an action described in this section may issue in any\ncourt in the state having jurisdiction of the subject matter and be\nserved as hereinafter provided. Service of such summons shall be made by\nmailing a copy thereof to the secretary of state at his office in the\ncity of Albany, or by personally delivering a copy thereof to one of his\nregularly established offices, with a fee of five dollars, and such\nservice shall be sufficient service upon such nonresident provided that\nnotice of such service and a copy of the summons and complaint are\nforthwith sent by or on behalf of the plaintiff to the defendant by\nregistered mail, return receipt requested. The plaintiff shall file with\nthe clerk of the court in which the action is pending, or with the judge\nor justice of such court in case there be no clerk, an affidavit of\ncompliance herewith, a copy of the summons and complaint, and either a\nreturn receipt purporting to be signed by the defendant or a person\nqualified to receive his registered mail in accordance with the rules\nand customs of the post office or, if acceptance was refused by the\ndefendant or his agent, the original envelope bearing a notation by the\npostal authorities that receipt was refused, and an affidavit by or on\nbehalf of the plaintiff that notice of such mailing and refusal was\nforthwith sent to the defendant by ordinary mail. Where the summons is\nmailed to a foreign country, other official proof of the delivery of the\nmail may be filed in case the postal authorities is unable to obtain\nsuch a return receipt. The foregoing papers shall be filed within thirty\ndays after the return receipt or other official proof of delivery or the\noriginal envelope bearing a notation of refusal, as the case may be, is\nreceived by the plaintiff. Service of process shall be complete when\nsuch papers are filed. The return receipt or other official proof of\ndelivery shall constitute presumptive evidence that the summons mailed\nwas received by the defendant or a person qualified to receive his\nregistered mail and a notation of refusal shall constitute presumptive\nevidence that the refusal was by the defendant or his agent. Service of\nsuch summons also may be made by mailing a copy thereof to the secretary\nof state at his office in the city of Albany, or by personally\ndelivering a copy thereof to one of his regularly established offices,\nwith a fee of five dollars, and by delivering a duplicate copy thereof,\nwith the complaint annexed thereto, to the defendant personally without\nthe state by a resident or citizen of the state of New York or a\nsheriff, under-sheriff, deputy-sheriff or constable of the county or\nother political subdivision in which the personal service is made, or an\nofficer authorized by the laws of this state, to take acknowledgements\nof deeds to be recorded in this state, or an attorney and/or counselor\nat law, solicitor, advocate or barrister duly qualified to practice in\nthe state or county where such service is made, or by a United States\nmarshal or deputy United States marshal. Proof of personal service\nwithout the state shall be filed with the clerk of the court in which\nthe action is pending within thirty days after such service. Personal\nservice without the state is complete when proof thereof is filed. The\ncourt in which the action is pending may order such extension as may be\nnecessary to afford the defendant reasonable oppportunity to defend the\naction.\n  3. The provisions of this section shall also apply\n  (a) to a resident who departs from the state subsequent to the\naccident or collision and remains absent therefrom for thirty days\ncontinuously, whether such absence is intended to be temporary or\npermanent, and to any executor or administrator of such resident, and\n  (b) to an executor or administrator of a resident if such executor or\nadministrator is a nonresident or if, being a resident, he departs from\nthe state and remains absent therefrom for thirty days continuously,\nwhether such absence is intended to be temporary or permanent.\n