§ 250 — Service of summons on nonresidents or residents who depart from state

§ 250. Service of summons on nonresidents or residents who depart from\nstate. 1. The use or operation by a nonresident of an aircraft within or\nabove this state, or the use or operation of an aircraft within or above\nthis state in the business of a nonresident, or the use or operation\nwithin or above this state of an aircraft owned by a nonresident, if so\nused or operated with his permission, express or implied, shall be\ndeemed equivalent to an appointment by such nonresident of the secretary\nof state to be his true and lawful attorney upon whom may be served the\nsummons in any action against him, growing out of any accident or\ncollision in which such nonresident may be involved while using or\noperating an aircraft or in which such aircraft may be involved while\nbeing used or operated in this state in the business of such nonresident\nor with the permission, express or implied, of such nonresident owner,\nand in which death is occasioned or injuries to person or property are\nsustained, in this state; and such use or operation shall be deemed a\nsignification of his agreement that any such summons against him which\nis so served shall be of the same legal force and validity as if served\non him personally within the state and within the territorial\njurisdiction of the court from which the summons issues, and that such\nappointment of the secretary of state shall be irrevocable and binding\nupon his executor or administrator. Where such nonresident has died\nprior to the commencement of an action brought pursuant to this section,\nservice of process shall be made on the executor or administrator of\nsuch nonresident in the same manner and on the same notice as is\nprovided in the case of the nonresident himself. Where an action has\nbeen duly commenced under the provisions of this section by service upon\na nonresident who dies thereafter, the court must allow the action to be\ncontinued against his executor or administrator upon motion with such\nnotice as the court deems proper.\n 2. A summons in an action described in this section may issue in any\ncourt in the state having jurisdiction of the subject matter and be\nserved as hereinafter provided. Service of such summons shall be made by\nmailing a copy thereof to the secretary of state at his office in the\ncity of Albany, or by personally delivering a copy thereof to one of his\nregularly established offices, with a fee of ten dollars, and such\nservice shall be sufficient service upon such nonresident provided that\nnotice of such service and a copy of the summons and complaint are\nforthwith sent by or on behalf of the plaintiff to the defendant by\nregistered mail with return receipt requested. The plaintiff shall file\nwith the clerk of the court in which the action is pending, or with the\njudge or justice of such court in case there be no clerk, an affidavit\nof compliance herewith, a copy of the summons and complaint, and either\na return receipt purporting to be signed by the defendant or a person\nqualified to receive his registered mail, in accordance with the rules\nand customs of the post office department; or, if acceptance was refused\nby the defendant or his agent, the original envelope bearing a notation\nby the postal authorities that receipt was refused, and an affidavit by\nor on behalf of the plaintiff that notice of such mailing and refusal\nwas forthwith sent to the defendant by ordinary mail. Where the summons\nis mailed to a foreign country, other official proof of the delivery of\nthe mail may be filed in case the post office department is unable to\nobtain such a return receipt. The foregoing papers shall be filed within\nthirty days after the return receipt or other official proof of delivery\nor the original envelope bearing a notation of refusal, as the case may\nbe, is received by the plaintiff. Service of process shall be complete\nwhen such papers are filed. The return receipt or other official proof\nof delivery shall constitute presumptive evidence that the summons\nmailed was received by the defendant or a person qualified to receive\nhis registered mail; and the notation of refusal shall constitute\npresumptive evidence that the refusal was by the defendant or his agent.\nService of such summons also may be made by mailing a copy thereof to\nthe secretary of state at his office in the city of Albany, or by\npersonally delivering a copy thereof to one of his regularly established\noffices, with a fee of ten dollars, and by delivering a duplicate copy\nthereof, with a complaint annexed thereto, to the defendant personally\nwithout the state by a resident or citizen of the state of New York or a\nsheriff, under-sheriff, deputy-sheriff or constable of the county or\nother political subdivision in which the personal service is made, or an\nofficer authorized by the laws of this state, to take acknowledgments of\ndeeds to be recorded in this state, or an attorney and/or counselor at\nlaw, solicitor, advocate or barrister duly qualified to practice in the\nstate or country where such service is made, or by a United States\nmarshal or deputy United States marshal. Proof of personal service\nwithout the state shall be filed with the clerk of the court in which\nthe action is pending within thirty days after such service. Personal\nservice without the state is complete when proof thereof is filed. The\ncourt in which the action is pending may order such extensions as may be\nnecessary to afford the defendant reasonable opportunity to defend the\naction.\n 3. The provisions of this section shall also apply (a) to a resident\nwho departs from the state subsequent to the accident or collision and\nremains absent therefrom for thirty days continuously, whether such\nabsence is intended to be temporary or permanent, and to any executor or\nadministrator of such resident, and (b) to an executor or administrator\nof a resident if such executor or administrator is a nonresident or if,\nbeing a resident, he departs from the state and remains absent therefrom\nfor thirty days continuously, whether such absence is intended to be\ntemporary or permanent.\n