§ 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.