1. The Laws of New York
  2. Court Acts
  3. Surrogate's Court Procedure
  4. Article 3: Proceedings, Pleadings and Process


Section 309 When service of process complete 1

Surrogate's Court Procedure (SCP)

When service of process complete

  1. Service by personal delivery. The service of process is complete immediately upon personal delivery to the respondent when service is so made.

  2. Service by other means. Unless the court directs otherwise, the service of the process shall be complete when served by:

  (a) mailing or by registered or certified mail, with or without return receipt requested, upon the mailing thereof;

  (b) special mail service, upon receipt of the envelope containing the process by the United States Postal Service in the case of express mail or upon receipt of the envelope containing the process by the designated delivery service in the case of any other special mail service;

  (c) substituted service, upon the delivery or affixing and the mailing thereof, whichever is done last;

  (d) personal delivery to a person duly designated by the respondent, or to a person or consular official designated by the court by order to be served in respondent's behalf, upon such personal delivery;

  (e) publication, on the 28th day after the first publication; or

  (f) any other means, as the court directs.

  3. Service upon an infant. Where service of process upon an infant pursuant to subdivision 4 of section 307 does not require service upon the infant because the infant is under the age of 14 years and does not require service upon one of the other persons listed therein because such other person is the petitioner, service of process upon such infant shall be deemed complete upon the filing of the petition.