NY Gen Bus L § 250 (2021)
2021 New York Laws GBS - General Business Article 14 - Aircraft 250 - Service of Summons on Nonresidents or Residents Who Depart From State.

§ 250. Service of summons on nonresidents or residents who depart from   state. 1. The use or operation by a nonresident of an aircraft within or   above this state, or the use or operation of an aircraft within or above   this  state  in  the  business of a nonresident, or the use or operation   within or above this state of an aircraft owned by a nonresident, if  so   used  or  operated  with  his  permission,  express or implied, shall be   deemed equivalent to an appointment by such nonresident of the secretary   of state to be his true and lawful attorney upon whom may be served  the   summons  in  any  action  against  him,  growing  out of any accident or   collision in which such nonresident  may  be  involved  while  using  or   operating  an  aircraft  or in which such aircraft may be involved while   being used or operated in this state in the business of such nonresident   or with the permission, express or implied, of such  nonresident  owner,   and  in  which death is occasioned or injuries to person or property are   sustained, in this state; and such use or operation shall  be  deemed  a   signification  of  his agreement that any such summons against him which   is so served shall be of the same legal force and validity as if  served   on   him   personally  within  the  state  and  within  the  territorial   jurisdiction of the court from which the summons issues, and  that  such   appointment  of  the secretary of state shall be irrevocable and binding   upon his executor or administrator.  Where  such  nonresident  has  died   prior to the commencement of an action brought pursuant to this section,   service  of  process  shall  be made on the executor or administrator of   such nonresident in the same  manner  and  on  the  same  notice  as  is   provided  in  the  case  of the nonresident himself. Where an action has   been duly commenced under the provisions of this section by service upon   a nonresident who dies thereafter, the court must allow the action to be   continued against his executor or administrator upon  motion  with  such   notice as the court deems proper.2.  A  summons in an action described in this section may issue in any   court in the state having jurisdiction of  the  subject  matter  and  be   served as hereinafter provided. Service of such summons shall be made by   mailing  a  copy  thereof to the secretary of state at his office in the   city of Albany, or by personally delivering a copy thereof to one of his   regularly established offices, with a  fee  of  ten  dollars,  and  such   service  shall be sufficient service upon such nonresident provided that   notice of such service and a copy  of  the  summons  and  complaint  are   forthwith  sent  by  or  on  behalf of the plaintiff to the defendant by   registered mail with return receipt requested. The plaintiff shall  file   with  the clerk of the court in which the action 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 summons and complaint, and either   a return receipt purporting to be signed by the defendant  or  a  person   qualified  to  receive his registered mail, in accordance with the rules   and customs of the post office department; or, if acceptance was refused   by the defendant or his agent, the original envelope bearing a  notation   by  the postal authorities that receipt was refused, and an affidavit by   or on behalf of the plaintiff that notice of such  mailing  and  refusal   was  forthwith sent to the defendant by ordinary mail. Where the summons   is mailed to a foreign country, other official proof of the delivery  of   the  mail  may  be filed in case the post office department is unable to   obtain such a return receipt. The foregoing papers shall be filed within   thirty days after the return receipt or other official proof of delivery   or the original envelope bearing a notation of refusal, as the case  may   be,  is  received by the plaintiff. Service of process shall be complete   when such papers are filed. The return receipt or other  official  proof   of  delivery  shall  constitute  presumptive  evidence  that the summons   mailed was received by the defendant or a person  qualified  to  receive    his  registered  mail;  and  the  notation  of  refusal shall constitute   presumptive evidence that the refusal was by the defendant or his agent.   Service of such summons also may be made by mailing a  copy  thereof  to   the  secretary  of  state  at  his  office  in the city of Albany, or by   personally delivering a copy thereof to one of his regularly established   offices, with a fee of ten dollars, and by delivering a  duplicate  copy   thereof,  with  a complaint annexed thereto, to the defendant personally   without the state by a resident or citizen of the state of New York or a   sheriff, under-sheriff, deputy-sheriff or constable  of  the  county  or   other political subdivision in which the personal service is made, or an   officer authorized by the laws of this state, to take acknowledgments of   deeds  to  be recorded in this state, or an attorney and/or counselor at   law, solicitor, advocate or barrister duly qualified to practice in  the   state  or  country  where  such  service  is made, or by a United States   marshal or deputy United  States  marshal.  Proof  of  personal  service   without  the  state  shall be filed with the clerk of the court in which   the action is pending within thirty days after  such  service.  Personal   service  without  the state is complete when proof thereof is filed. The   court in which the action is pending may order such extensions as may be   necessary to afford the defendant reasonable opportunity to  defend  the   action.3.  The  provisions of this section shall also apply (a) to a resident   who departs from the state subsequent to the accident or  collision  and   remains  absent  therefrom  for  thirty  days continuously, whether such   absence is intended to be temporary or permanent, and to any executor or   administrator of such resident, and (b) to an executor or  administrator   of  a resident if such executor or administrator is a nonresident or if,   being a resident, he departs from the state and remains absent therefrom   for thirty days continuously, whether such absence  is  intended  to  be   temporary or permanent.