§ 253. Service of summons on non-residents. 1. The use or operation by\na non-resident of a vehicle in this state, or the use or operation in\nthis state of a vehicle in the business of a non-resident, or the use or\noperation in this state of a vehicle owned by a non-resident if so used\nor operated with his permission, express or implied, shall be deemed\nequivalent to an appointment by such non-resident of the secretary of\nstate to be his true and lawful attorney upon whom may be served the\nsummons in any action against him, growing out of any accident or\ncollision in which such non-resident may be involved while using or\noperating such vehicle in this state or in which such vehicle may be\ninvolved while being used or operated in this state in the business of\nsuch non-resident or with the permission, express or implied, of such\nnon-resident owner; and such use or operation shall be deemed a\nsignification of his agreement that any such summons against him which\nis so served shall be of the same legal force and validity as if served\non him personally within the state and within the territorial\njurisdiction of the court from which the summons issues, and that such\nappointment of the secretary of state shall be irrevocable and binding\nupon his executor or administrator. Where such non-resident has died\nprior to the commencement of an action brought pursuant to this section,\nservice of process shall be made on the executor or administrator of\nsuch non-resident in the same manner and on the same notice as is\nprovided in the case of the non-resident himself. Where an action has\nbeen duly commenced under the provisions of this section against a\nnon-resident who dies thereafter, the court must allow the action to be\ncontinued against his executor or administrator upon motion with such\nnotice as the 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 ten dollars, and such\nservice shall be sufficient service upon such non-resident 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\ncertified mail or registered mail with return receipt requested. The\nplaintiff shall file with the clerk of the court in which the action is\npending, or with the judge or justice of such court in case there be no\nclerk, an affidavit of compliance herewith, a copy of the summons and\ncomplaint, and either a return receipt purporting to be signed by the\ndefendant or a person qualified to receive his certified mail or\nregistered mail, in accordance with the rules and customs of the\npost-office department; or, if acceptance was refused by the defendant\nor his agent, the original envelope bearing a notation by the postal\nauthorities that receipt was refused, and an affidavit by or on behalf\nof the plaintiff that notice of such mailing and refusal was forthwith\nsent to the defendant by ordinary mail; or, if the registered or\ncertified letter was returned to the post office unclaimed, the original\nenvelope bearing a notation by the postal authorities of such mailing\nand return, an affidavit by or on behalf of the plaintiff that the\nsummons was posted again by ordinary mail and proof of mailing\ncertificate of ordinary mail. Where the summons is mailed to a foreign\ncountry, other official proof of the delivery of the mail may be filed\nin case the post-office department is unable to obtain such a return\nreceipt. The foregoing papers shall be filed within thirty days after\nthe return receipt or other official proof of delivery or the original\nenvelope bearing a
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