§ 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.