N.Y. Parks, Recreation and Historic Preservation Law § 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.