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This entry was published on 2014-09-22
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Notice of nature of matrimonial action; proof of service
Domestic Relations (DOM) CHAPTER 14, ARTICLE 13
§ 232. Notice of nature of matrimonial action; proof of service. a. In
an action to annul a marriage or for divorce or for separation, if the
complaint is not personally served with the summons, the summons shall
have legibly written or printed upon the face thereof: "Action to annul
a marriage", "Action to declare the nullity of a void marriage", "Action
for a divorce", or "Action for a separation", as the case may be, and
shall specify the nature of any ancillary relief demanded. A judgment
shall not be rendered in favor of the plaintiff upon the defendant's
default in appearing or pleading, unless either (1) the summons and a
copy of the complaint were personally delivered to the defendant; or (2)
the copy of the summons (a) personally delivered to the defendant, or
(b) served on the defendant pursuant to an order directing the method of
service of the summons in accordance with the provisions of section
three hundred eight or three hundred fifteen of the civil practice law
and rules, shall contain such notice.

b. An affidavit or certificate proving service shall state
affirmatively in the body thereof that the required notice was written
or printed on the face of the copy of the summons delivered to the
defendant and what knowledge the affiant or officer who executed the
certificate had that he was the defendant named and how he acquired such
knowledge. The court may require the affiant or officer who executed the
affidavit or certificate to appear in court and be examined in respect