Senate Bill S4065

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4065

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 8, 2009
                               ___________

Introduced  by  Sen.  AUBERTINE  -- (at request of the Division of State
  Police) -- read twice and ordered printed,  and  when  printed  to  be
  committed to the Committee on Codes

AN  ACT  to  amend  the  civil  practice  law  and rules, in relation to
  acknowledgement of service forms

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision (d) of section 312-a of the civil practice law
and rules, as amended by chapter 459 of the laws of 1993, is amended  to
read as follows:
  (d)  Form. The statement of service by mail and the acknowledgement of
receipt of such service shall be in substantially the following form:

                    Statement of Service by Mail and
                  Acknowledgement of Receipt by Mail of
               Summons and Complaint or Summons and Notice
                   or Notice of Petition and Petition

                         A. STATEMENT OF SERVICE
                                 BY MAIL

To: (Insert the name and address of the person or entity to be  served.)
The  enclosed summons and complaint, or summons and notice, or notice of
petition and petition (strike out inapplicable terms) are served  pursu-
ant to section 312-a of the Civil Practice Law and Rules.
  To  avoid being charged with the expense of service upon you, you must
sign, date and complete the acknowledgement part of this form  and  mail
or  deliver  one  copy of the completed form to the sender within thirty
(30) days from the date you receive it. You should keep a copy for  your
records or your attorney. If you wish to consult an attorney, you should
do so as soon as possible before the thirty (30) days expire.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07697-02-9
              

S. 4065                             2

  If you do not complete and return the form to the sender within thirty
(30)  days, you (or the party on whose behalf you are being served) will
be required  to  pay  expenses  incurred  in  serving  the  summons  and
complaint,  or summons and notice, or notice of petition and petition in
any  other  manner  permitted  by  law,  and the cost of such service as
permitted by law will be entered as a judgment against you.
  If you have received a complaint or petition with this statement,  the
return of this statement and acknowledgement does not relieve you of the
necessity  to  answer  the  complaint  or  petition.  The time to answer
expires twenty (20) days after the day you mail or deliver this form  to
the sender. If you wish to consult with an attorney, you should do so as
soon as possible before the twenty (20) days expire.
  If  you  are served on behalf of a corporation, unincorporated associ-
ation, partnership or other entity, you must indicate under your  signa-
ture  your  relationship  to  the entity. If you are served on behalf of
another person and you are authorized to receive process, you must indi-
cate under your signature your authority.
  It is a crime to forge a signature or to make a false  entry  on  this
statement or on the acknowledgement.

         B. ACKNOWLEDGEMENT OF RECEIPT OF SUMMONS AND COMPLAINT
        OR SUMMONS AND NOTICE OR NOTICE OF PETITION AND PETITION

  I  received  a summons and complaint, or summons and notice, or notice
of petition and petition (strike out inapplicable terms) in  the  above-
captioned matter at (insert address).
  PLEASE CHECK ONE OF THE FOLLOWING;
  IF 2 IS CHECKED, COMPLETE AS INDICATED:
      1. / / I am not in military service.
      2.  / / I am in military service, and my rank[, serial number] and
branch of service are as follows:
Rank:___________________________________
  [Serial number:__________________________]
  Branch of Service:______________________

             TO BE COMPLETED REGARDLESS OF MILITARY STATUS:
  Date:_____________________________________________
             (Date this Acknowledgement is executed)
                    I affirm the above as true under penalty of perjury.
                                      __________________________________
                                      Signature
                                      __________________________________
                                      Print name
                                      __________________________________
                                      Name of Defendant for which acting
                                      __________________________________
                                      Position with Defendant for which
                                      acting (i.e., officer, attorney,
                                      etc.)
               PLEASE COMPLETE ALL BLANKS INCLUDING DATES
  S 2. This act shall take effect immediately.