Section 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.