§ 89-CC — Process server records

New York § 89-CC

• Jurisdiction: New York
• Law GBS: General Business
• Art. 8-A: Process Servers and Process Serving Agencies In Cities Having a Population of One Million or More

Text

§ 89-cc. Process server records. 1. Each process server shall maintain\na legible record of all service made by him or her as prescribed in this\nsection. Such records shall be kept, either:\n (a) in chronological order in a bound, paginated volume. Corrections\nin records shall be made only by drawing a straight line through the\ninaccurate entry and clearly printing the accurate information directly\nabove the inaccurate entry. All other methods of correction, including\nbut not limited to erasing, opaquing, obliterating or redacting, are\nprohibited; or\n (b) by submitting recorded entries to a third party contractor within\nthree days of service or attempted service, provided, however that\npermissions pertaining to such data will be secured so that the data\ncannot be deleted upon submission. Records shall be reported in\nchronological order. It shall be unlawful for any process server to\ntamper with data or properties of any electronic record kept pursuant to\nthis section after an image file is made by modifying, amending,\ndeleting, rearranging or in any other way altering any such data or\nproperties including, but not limited to, using a meta data scrubber or\nsimilar device or program. If a typographical error has occurred or if\ndata contained in the process server's record was accidentally omitted\nfrom the electronic data entry, the third party contractor may make an\namendment in which the original record shall be identified by entering\nit in italics. All third party contractors must maintain a daily backup\nof all submitted data, and all data must be available for review upon\nrequest of any and all interested parties.\n 2. The record to be maintained shall include the following\ninformation, where applicable:\n (a) the title of the action or a reasonable abbreviation thereof;\n (b) the name of the person served, if known;\n (c) the date and approximate time service was effected;\n (d) the address where service was effected;\n (e) the nature of the papers served;\n (f) the court in which the action has been commenced;\n (g) the index number of the action, if known;\n (h) if service is effectuated pursuant to subdivision four of section\nthree hundred eight of the civil practice law and rules or subdivision\none of section seven hundred thirty-five of the real property actions\nand proceedings law, a description of the color of the door to which the\nsummons is affixed;\n (i) the process serving agency from whom the process served was\nreceived, if any;\n (j) type of service effected whether personal, substituted or\nconspicuous;\n (k) if service is effected pursuant to subdivision one, two or three\nof section three hundred eight of the civil practice law and rules, the\nrecord shall also include the description of the person served,\nincluding, but not limited to sex, color of skin, hair color,\napproximate age, height and weight and other identifying features;\n (l) if service is effected pursuant to subdivision four of section\nthree hundred eight of the civil practice law and rules, the record\nshall also include the dates, addresses and time of attempted service\npursuant to subdivision one, two or three of such section;\n (m) if the process server files an affidavit of service with the\ncourt, his record shall include the date of such filing.\n