New York § 617 Service of summons

New York Statutes

§ 617 — Service of summons

New York § 617

Law FCTFamily Court Act

Part 1Permanent Termination of Parental Custody By Reason of Permanent Neglect

Art. 6Permanent Termination of Parental Rights, Adoption, Guardianship and Custody

This text of New York § 617 (Service of summons) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Family Court Act § 617 (2026).

Text

§ 617. Service of summons.

(a)Service of a summons and petition under\nthis part shall be made by delivery of a true copy thereof to the person\nsummoned at least twenty days before the time stated therein for\nappearance. If so requested by the parent or other person legally\nresponsible for the child's care, the court may extend the time for\nappearance and answer.\n (b) If after reasonable effort, personal service is not made, such\nsubstituted service or service by publication as may be ordered by the\njudge shall be sufficient.\n (c) Personal service within or without the state or in a foreign\ncountry shall be made in accordance with the provisions of section three\nhundred seven of the surrogate's court procedure act, as the same may be\namended from time to time, with respect

Free access — add to your briefcase to read the full text and ask questions with AI

§ 617. Service of summons. (a) Service of a summons and petition under\nthis part shall be made by delivery of a true copy thereof to the person\nsummoned at least twenty days before the time stated therein for\nappearance. If so requested by the parent or other person legally\nresponsible for the child's care, the court may extend the time for\nappearance and answer.\n (b) If after reasonable effort, personal service is not made, such\nsubstituted service or service by publication as may be ordered by the\njudge shall be sufficient.\n (c) Personal service within or without the state or in a foreign\ncountry shall be made in accordance with the provisions of section three\nhundred seven of the surrogate's court procedure act, as the same may be\namended from time to time, with respect to service of a citation.\n (d) Service of the summons and other process with a notice as\nspecified herein by publication shall be made in accordance with the\nprovisions of CPLR 316, provided, however, that a single publication of\nthe summons or other process with a notice as specified herein in only\none newspaper designated in the order shall be sufficient. In no event\nshall the whole petition be published. The petition shall be delivered\nto the person summoned at the first court appearance pursuant to section\none hundred fifty-four-a of this chapter. The notice to be published\nwith the summons or other process shall state:\n 1. the date, time, place and purpose of the proceeding,\n 2. that upon failure of the person summoned to appear, all of his or\nher parental rights in the child may be terminated, and\n 3. that his or her failure to appear shall constitute a denial of his\nor her interest in the child, which denial may result, without further\nnotice, in the transfer or commitment of the child's care, custody or\nguardianship or in the child's adoption in this or any subsequent\nproceeding in which such care, custody or guardianship or adoption may\nbe at issue.\n