§ 307 — Service of process 1

New York § 307

• Jurisdiction: New York
• Law SCP: Surrogate's Court Procedure
• Art. 3: Proceedings, Pleadings and Process

Text

§ 307. Service of process\n 1. Service by personal delivery. Service of the process may be made on\nany person by personal delivery of a copy of the process either within\nor without the state.\n 2. Service by registered or certified mail, or by special mail\nservice. Service of the process may be made by registered or certified\nmail, or by special mail service, within or without the state.\n 3. Service by court order. As an alternative to service under\nsubdivisions 1 and 2, service may be made in the manner directed by the\ncourt; but such service, except as provided by subdivision 6, shall not\nbe ordered upon a domiciliary natural person unless it be shown that,\nwith due diligence, service under subdivision 1 or 2 cannot be effected,\nor where for good cause shown, such service would be impracticable. Any\nproof necessary hereunder may be submitted in the petition or by\naffidavit. The court may take into account the size of the estate and\nthe remoteness of kinship of any person to be cited in determining the\nappropriate due diligence necessary to permit alternate service under\nthis section. The court may direct service by any one or more of the\nfollowing methods, which shall not, however, be exclusive:\n (a) service by publication, such as is provided by CPLR 316, subject\nto 308 and 309, and to such variations of CPLR 316 as the court may\nprovide, except that\n (i) where persons are to be served by publication, publication in only\n1 newspaper shall be required, or\n (ii) where a person is alleged to be within a country with which the\nUnited States of America is at war or a place with which the United\nStates of America does not maintain postal communication, the court may\ndirect that a copy of the process shall be mailed on behalf of such\nperson to the officer who may have been appointed to take possession of\nthe property of noncitizen enemies, or\n (iii) where the person to be served is an absentee or alleged to be\ndeceased, the court may direct that in addition to the foregoing\nrequirements, the process be published in a newspaper published at or\nnear the place where the absentee was last known to be, or\n (iv) in an adoption proceeding under article seven of the domestic\nrelations law or in a proceeding under section three hundred\neighty-four-b of the social services law, a single publication in only\none newspaper shall be sufficient.\n (b) service by electronic means, as that term is defined by CPLR\n2103(f)(2), bearing the caption of the matter in the subject line of\nsaid transmission;\n (c) substituted service such as is provided by CPLR 308 (2) and (4),\nwithin or without the state, subject to 308 and 309, and to such\nvariations of CPLR 308 as the court may provide;\n (d) service within or without the state, by personal delivery to a\nperson duly designated by respondent to receive process on the\nrespondent's behalf, or to a person whose relationship, whatever its\ncharacter, and by blood or otherwise to the respondent, indicates in the\ncircumstances the probability that actual notice will reach the latter;\n (e) if the interest of a non-domiciliary noncitizen in the estate is\nless than $2,500 or such person's address is unknown or such estate's\ngross assets are less than $25,000, by delivery of a copy of the process\nto a consular official of the noncitizen's nation.\n 4. Service upon an infant. Service upon an infant requires that\nservice of process be made upon any one of the following, unless any\nsuch one of them is the petitioner, in which case no such service shall\nbe required: his father, his mother, his guardian, any adult person\nhaving the care and control of him or with whom he resides, or such\nperson interested in his welfare or education as the court shall by\norder direct, where it appears to the satisfaction of the court that\nneed for such order exists; and if the infant be of the age of 14 years\nor over, also upon the infant in person.\n 5. Service upon an incompetent, conservatee and persons other than\nnatural persons. Unless this act otherwise provides or the court in a\ngiven proceeding otherwise directs, CPLR 307, 309 (b), 309 (c), 310,\n310-a, 311, 311-a, 312 and 1025 are applicable to service under the\nforegoing subdivisions of this section.\n 6. Service upon creditors. Process may be served upon creditors,\nregardless of the number thereof, by mailing a copy of the process to\neach of them whether or not they be natural domiciliaries.\n