NY Veh & Traf L § 253 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 2 - Department of Motor Vehicles; Commissioner Article 3 - Exemption of Non-Resident Owners and Operators 253 - Service of Summons on Non-Residents.

§ 253. Service of summons on non-residents. 1. The use or operation by   a  non-resident  of  a vehicle in this state, or the use or operation in   this state of a vehicle in the business of a non-resident, or the use or   operation in this state of a vehicle owned by a non-resident if so  used   or  operated  with  his  permission, express or implied, shall be deemed   equivalent to an appointment by such non-resident 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  non-resident  may be involved while using or   operating such vehicle in this state or in which  such  vehicle  may  be   involved  while  being used or operated in this state in the business of   such non-resident or with the permission, express or  implied,  of  such   non-resident  owner;  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 non-resident 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  non-resident  in  the  same  manner  and  on the same notice as is   provided in the case of the non-resident himself. Where  an  action  has   been  duly  commenced  under  the  provisions  of this section against a   non-resident 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 non-resident 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   certified mail or 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  certified mail or   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;  or,  if the registered or   certified letter was returned to the post office unclaimed, the original   envelope bearing a notation by the postal authorities  of  such  mailing   and  return,  an  affidavit  by  or  on behalf of the plaintiff that the   summons  was  posted  again  by  ordinary  mail  and  proof  of  mailing   certificate  of  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 certified mail or   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 the 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  acknowledgements   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   marshall or deputy United States marshall.  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.  As  used  in  this  section,  the  term  "vehicle"  means a "motor   vehicle," "motorcycle,"  "semitrailer,"  and  "trailer"  as  defined  in   sections  one hundred twenty-five, one hundred twenty-three, one hundred   forty-three and one hundred fifty-six, respectively,  of  this  chapter,   whether or not such vehicles are used or operated upon a public highway.