Section 75-G. Notice to persons outside state  


Latest version.
  • 1. Notice required for the
      exercise of jurisdiction when a person is outside this  state  shall  be
      given  in  a  manner  prescribed by the law of this state for service of
      process, as provided in paragraph (a), (b) or (c) of  this  subdivision,
      or  by the law of the state in which the service is made, as provided in
      paragraph (d) of this subdivision. Notice must  be  given  in  a  manner
      reasonably  calculated  to  give  actual  notice.  If a person cannot be
      served with notice within the state, the court shall require  that  such
      person  be  served  in  a  manner  reasonably  calculated to give actual
      notice, as follows:
        (a) by personal delivery outside the state in the manner prescribed by
      section three hundred thirteen of the civil practice law and rules; or
        (b) by any form of mail requesting a receipt; or
        (c) in such manner as  the  court,  upon  motion,  directs,  including
      publication,  if  service is impracticable under paragraph (a) or (b) of
      this subdivision; or
        (d) in such manner as prescribed by the law  of  the  state  in  which
      service is made.
        2.  Proof  of  service  outside the state shall be by affidavit of the
      individual who made the service, or in  the  manner  prescribed  by  the
      order  pursuant  to  which  service is made. If service is made by mail,
      proof may be by a receipt signed by the addressee or other  evidence  of
      delivery  to  the  addressee. Proof of service may also be in the manner
      prescribed by the law of the state in which the service is made.
        3. Notice is not  required  for  the  exercise  of  jurisdiction  with
      respect to a person who submits to the jurisdiction of the court.