2006 New York Code - Service Of Summons On Non-residents.

 
    § 253. Service of summons on non-residents. 1. The use or operation by
  a  non-resident  of  a vehicle in this state, or the use or operation in
  this state of a vehicle in the business of a non-resident, or the use or
  operation in this state of a vehicle owned by a non-resident if so  used
  or  operated  with  his  permission, express or implied, shall be deemed
  equivalent to an appointment by such non-resident 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  non-resident  may be involved while using or
  operating such vehicle in this state or in which  such  vehicle  may  be
  involved  while  being used or operated in this state in the business of
  such non-resident or with the permission, express or  implied,  of  such
  non-resident  owner;  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 non-resident 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  non-resident  in  the  same  manner  and  on the same notice as is
  provided in the case of the non-resident himself. Where  an  action  has
  been  duly  commenced  under  the  provisions  of this section against a
  non-resident 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 non-resident 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
  certified mail or 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  certified mail or
  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;  or,  if the registered or
  certified letter was returned to the post office unclaimed, the original
  envelope bearing a notation by the postal authorities  of  such  mailing
  and  return,  an  affidavit  by  or  on behalf of the plaintiff that the
  summons  was  posted  again  by  ordinary  mail  and  proof  of  mailing
  certificate  of  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 certified mail or
  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 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 country where such service is made, or by a United States
  marshall or deputy United States marshall.  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.  As  used  in  this  section,  the  term  "vehicle"  means a "motor
  vehicle," "motorcycle,"  "semitrailer,"  and  "trailer"  as  defined  in
  sections  one hundred twenty-five, one hundred twenty-three, one hundred
  forty-three and one hundred fifty-six, respectively,  of  this  chapter,
  whether or not such vehicles are used or operated upon a public highway.