NY Pks, Rec & Hist Pres L § 25.27 (2021)
2021 New York Laws PAR - Parks, recreation and historic preservation Title D - Snowmobiles Article 25 - Control Provisions 25.27 - Service on Nonresidents and Certain Residents, Administrators or Executors.

§  25.27  Service  on  nonresidents  and  certain  residents, adminis- trators or executors.  1. The use or operation by  a  nonresident  of  a snowmobile  in  this  state,  or the use or operation in this state of a snowmobile in the business of a nonresident or the use or  operation  in this state of a snowmobile 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  such snowmobile in this state or in which such  snowmobile  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  or  with  the  permission,  express  of  implied,  of  such nonresident owner. 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 against a nonresident who dies thereafter, the court  shall  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 five 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, 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 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 postal authorities  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 a 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 five 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 county 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 extension as may be necessary to afford the defendant reasonable oppportunity 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.