§ 427 — Service of summons

New York § 427

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 2: Venue and Preliminary Procedure
• Art. 4: Support Proceedings

Text

§ 427. Service of summons. (a) Personal service of a summons and\npetition may be made by delivery of a true copy thereof to the person\nsummoned at least eight days before the time stated therein for\nappearance; or by delivery of a true copy thereof to a person of\nsuitable age and discretion at the actual place of business, dwelling\nplace or usual place of abode of the person to be served and by mailing\na true copy thereof to the person to be served at his last known\nresidence at least eight days before the time stated in the summons for\nappearance; proof of service shall identify such person of suitable age\nand discretion and state the date, time and place of service.\n (b) If after reasonable effort, personal service is not made, the\ncourt may at any stage in the proceedings make an order providing for\nsubstituted service in the manner provided for substituted service in\nthe civil practice law and rules.\n (c) In any case, whether or not service is attempted under subdivision\n(a) or (b) of this section, service of a summons and petition under this\nsection may be effected by mail alone to the last known address of the\nperson to be served. Service by mail alone shall be made at least eight\ndays before the time stated in the summons for appearance. If service is\nby mail alone, the court will enter an order of support by default if\nthere is proof satisfactory to the court that the respondent had actual\nnotice of the commencement of the proceeding which may be established\nupon sufficient proof that the summons and petition were in fact mailed\nby certified mail and signed for at the respondent's correct street\naddress or signed for at the post office. If service by certified mail\nat the respondent's correct street address cannot be accomplished,\nservice pursuant to subdivisions one, two, three or four of section\nthree hundred eight of the civil practice law and rules shall be deemed\ngood and sufficient service. Upon failure of the respondent to obey a\nsummons served in accordance with the provisions of this section by\nmeans other than mail alone, the court will enter an order of support by\ndefault. Such order of support shall be made pursuant to the provisions\nset forth in section four hundred thirteen of this article. The\nrespondent shall have the right to make a motion for relief from such\ndefault order within one year from the date such order was entered.\n