N.Y. General Business Law § 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.