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This entry was published on 2014-09-22
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SECTION 306-B
Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or or...
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 3
§ 306-b. Service of the summons and complaint, summons with notice,
third-party summons and complaint, or petition with a notice of petition
or order to show cause. Service of the summons and complaint, summons
with notice, third-party summons and complaint, or petition with a
notice of petition or order to show cause shall be made within one
hundred twenty days after the commencement of the action or proceeding,
provided that in an action or proceeding, except a proceeding commenced
under the election law, where the applicable statute of limitations is
four months or less, service shall be made not later than fifteen days
after the date on which the applicable statute of limitations expires.
If service is not made upon a defendant within the time provided in this
section, the court, upon motion, shall dismiss the action without
prejudice as to that defendant, or upon good cause shown or in the
interest of justice, extend the time for service.