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This entry was published on 2014-09-22
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Service of the writ
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 70
§ 7005. Service of the writ. A writ of habeas corpus may be served on
any day. Service shall be made by delivering the writ and a copy of the
petition to the person to whom it is directed. If he cannot with due
diligence be found, the writ may be served by leaving it and a copy of
the petition with any person who has custody of the person detained at
the time. Where the person to whom the writ is directed conceals himself
or refuses admittance, the writ may be served by affixing it and a copy
of the petition in a conspicuous place on the outside either of his
dwelling or of the place where the person is detained and mailing a copy
of the writ and the petition to him at such dwelling or place, unless
the court which issues the writ determines, for good cause shown, that
such mailing shall be dispensed with, or directs service in some other
manner which it finds reasonably calculated to give notice to such
person of the proceeding. If the person detained is in the custody of a
person other than the one to whom the writ is directed, a copy of the
writ may be served upon the person having such custody with the same
effect as if the writ had been directed to him.