§ 25.27 Service on nonresidents and certain residents, adminis-\ntrators or executors. 1. The use or operation by a nonresident of a\nsnowmobile in this state, or the use or operation in this state of a\nsnowmobile in the business of a nonresident or the use or operation in\nthis state of a snowmobile owned by a nonresident if so used or operated\nwith his permission, express or implied, shall be deemed equivalent to\nan appointment by such nonresident of the secretary of state to be his\ntrue and lawful attorney upon whom may be served the summons in any\naction against him, growing out of any accident or collision in which\nsuch nonresident may be involved while using or operating such\nsnowmobile in this state or in which such snowmobile may be involved\nwhile being used or operated in this state in the business of such\nnonresident or with the permission, express or implied, of such\nnonresident or with the permission, express of implied, of such\nnonresident owner. Such use or operation shall be deemed a signification\nof his agreement that any such summons against him which is so served\nshall be of the same legal force and validity as if served on him\npersonally within the state and within the territorial jurisdiction of\nthe court from which the summons issues, and that such appointment of\nthe secretary of state shall be irrevocable and binding upon his\nexecutor or administrator. Where such nonresident has died prior to the\ncommencement of an action brought pursuant to this section, service of\nprocess shall be made on the executor or administrator of such\nnonresident in the same manner and on the same notice as is provided in\nthe case of the nonresident himself. Where an action has been duly\ncommenced under the provisions of this section against a nonresident who\ndies thereafter, the court shall allow the action to be continued\nagainst his executor or administrator upon motion with such notice as\nthe 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 five 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, return receipt requested. The plaintiff shall file with\nthe clerk of the court in which the action is pending, or with the judge\nor justice of such court in case there be no clerk, an affidavit of\ncompliance herewith, a copy of the summons and complaint, and either a\nreturn 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 or, if acceptance was refused by the\ndefendant or his agent, the original envelope bearing a notation by the\npostal authorities that receipt was refused, and an affidavit by or on\nbehalf of the plaintiff that notice of such mailing and refusal was\nforthwith sent to the defendant by ordinary mail. Where the summons is\nmailed to a foreign country, other official proof of the delivery of the\nmail may be filed in case the postal authorities is unable to obtain\nsuch a return receipt. The foregoing papers shall be filed within thirty\ndays after the return receipt or other official proof of delivery or the\noriginal envelope bearing a notation of refusal, as the case may be, is\nreceived by the plaintiff. Service of process shall be complete when\nsuch papers are filed. The return receipt or other official proof of\ndelivery shall constitute presumptive evidence that the summons mailed\nwas received by the defen
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