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This entry was published on 2014-09-22
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Notice to creditors; when service cannot be made
Debtor & Creditor (DCD) CHAPTER 12, ARTICLE 5
§ 126. Notice to creditors; when service cannot be made. The papers,
specified in the last section, may be served, either upon the creditor
or his representative, or upon the attorney whose name is subscribed to
the execution; and, in either case, in the manner prescribed in the
civil practice law and rules for the service of a paper upon an
attorney, in an action in the supreme court. Where it is made to appear
by affidavit, to the satisfaction of the court, that service cannot,
with due diligence, be so made within the state, upon either, the court
may make an order, prescribing the mode of service, or directing the
publication of a notice in lieu of service, in such manner and for such
a length of time, as it thinks proper; and thereupon, it may direct an
adjournment of the hearing to such a time as it thinks proper.