§ 525 — Service of summons

New York § 525

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 2: Venue and Preliminary Procedure
• Art. 5: Paternity Proceedings

Text

§ 525. Service of summons. (a) Personal service of summons and\npetition shall be made by delivery of a true copy thereof to the person\nto be summoned 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. If so\nrequested by one acting on behalf of the respondent or by a parent or\nother person legally responsible for his care, the court shall not\nproceed with the hearing or proceeding earlier than eight days after\nsuch 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 filiation 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 subdivision one, two, three or four of section three\nhundred eight of the civil practice law and rules shall be deemed good\nand sufficient service. Upon failure of the respondent to obey a summons\nserved in accordance with the provisions of this section by means other\nthan mail alone, the court will enter an order of filiation by default.\nThe respondent shall have the right to make a motion for relief from\nsuch default order within one year from the date such order was entered.\n