§ 309 — When service of process complete 1

New York § 309

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

Text

§ 309. When service of process complete\n 1. Service by personal delivery. The service of process is complete\nimmediately upon personal delivery to the respondent when service is so\nmade.\n 2. Service by other means. Unless the court directs otherwise, the\nservice of the process shall be complete when served by:\n (a) mailing or by registered or certified mail, upon the mailing\nthereof;\n (b) special mail service, upon receipt of the envelope containing the\nprocess by the United States Postal Service in the case of express mail\nor upon receipt of the envelope containing the process by the designated\ndelivery service in the case of any other special mail service;\n (c) substituted service, upon the delivery or affixing and the mailing\nthereof, whichever is done last;\n (d) personal delivery to a person duly designated by the respondent,\nor to a person or consular official designated by the court by order to\nbe served in respondent's behalf, upon such personal delivery;\n (e) publication, on the 28th day after the first publication;\n (f) electronic means, upon transmittal of the process to the\nrecipient; or\n (g) any other means, as the court directs.\n 3. Service upon an infant. Where service of process upon an infant\npursuant to subdivision 4 of section 307 does not require service upon\nthe infant because the infant is under the age of 14 years and does not\nrequire service upon one of the other persons listed therein because\nsuch other person is the petitioner, service of process upon such infant\nshall be deemed complete upon the filing of the petition.\n