2023 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.