Senate Bill S8175

2025-2026 Legislative Session

Allows certain methods for service of process

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2025-S8175 (ACTIVE) - Details

See Assembly Version of this Bill:
A8408
Current Committee:
Senate Judiciary
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd §§307, 308 & 309, SCPA
Versions Introduced in 2023-2024 Legislative Session:
S9783

2025-S8175 (ACTIVE) - Summary

Allows certain methods for service of process including by electronic means.

2025-S8175 (ACTIVE) - Sponsor Memo

2025-S8175 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8175
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2025
                                ___________
 
 Introduced by Sen. SEPULVEDA -- (at request of the Unified Court System)
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Judiciary
 
 AN  ACT  to  amend  the  surrogate's court procedure act, in relation to
   allowing certain methods for service of process

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 1, 2 and 3 of section 307 of the surrogate's
 court procedure act, as amended by chapter 355 of the laws of 2000,  and
 subparagraph (ii) of paragraph (a) and paragraph (e) of subdivision 3 as
 amended  by  chapter  669  of  the  laws of 2022, are amended to read as
 follows:
   1. Service by personal delivery. Service of the process may be made on
 any person by personal delivery [to him] of a copy of the process either
 within or without the state.
   2.  Service  by  registered  or  certified   mail,   [return   receipt
 requested,]  or  by  special  mail  service[,  upon  non-domiciliaries].
 Service of the process may be made  by  registered  or  certified  mail,
 [return  receipt requested,] or by special mail service, [upon non-domi-
 ciliaries, whether or not they be natural persons] WITHIN OR WITHOUT THE
 STATE.
   3. Service by court order. As an alternative to service under subdivi-
 sions 1 and 2, service may be made in the manner directed by the  court;
 but  such  service,  except  as  provided by subdivision 6, shall not be
 ordered upon a domiciliary natural person unless it be shown that,  with
 due  diligence,  service  [by  personal delivery within the state] UNDER
 SUBDIVISION 1 OR 2 cannot be effected, or where for  good  cause  shown,
 [personal service within the state] SUCH SERVICE would be impracticable.
 Any  proof  necessary  hereunder  may be submitted in the petition or by
 affidavit. The court may take into account the size of  the  estate  and
 the  remoteness  of kinship of any person to be cited in determining the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09845-01-5
              

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