Section 427. Service of summons  


Latest version.
  • (a)  Personal service of a summons and
      petition may be made by delivery of a true copy thereof  to  the  person
      summoned  at  least  eight  days  before  the  time  stated  therein for
      appearance; or by delivery of  a  true  copy  thereof  to  a  person  of
      suitable  age  and  discretion at the actual place of business, dwelling
      place or usual place of abode of the person to be served and by  mailing
      a  true  copy  thereof  to  the  person  to  be served at his last known
      residence at least eight days before the time stated in the summons  for
      appearance;  proof of service shall identify such person of suitable age
      and discretion and state the date, time and place of service.
        (b) If after reasonable effort, personal  service  is  not  made,  the
      court  may  at  any stage in the proceedings make an order providing for
      substituted service in the manner provided for  substituted  service  in
      the civil practice law and rules.
        (c) In any case, whether or not service is attempted under subdivision
      (a) or (b) of this section, service of a summons and petition under this
      section  may  be effected by mail alone to the last known address of the
      person to be served. Service by mail alone shall be made at least  eight
      days before the time stated in the summons for appearance. If service is
      by  mail  alone,  the court will enter an order of support by default if
      there is proof satisfactory to the court that the respondent had  actual
      notice  of  the  commencement of the proceeding which may be established
      upon sufficient proof that the summons and petition were in fact  mailed
      by  certified  mail  and  signed  for at the respondent's correct street
      address or signed for at the post office. If service by  certified  mail
      at  the  respondent's  correct  street  address  cannot be accomplished,
      service pursuant to subdivisions one, two,  three  or  four  of  section
      three  hundred eight of the civil practice law and rules shall be deemed
      good and sufficient service. Upon failure of the respondent  to  obey  a
      summons  served  in  accordance  with  the provisions of this section by
      means other than mail alone, the court will enter an order of support by
      default. Such order of support shall be made pursuant to the  provisions
      set  forth  in  section  four  hundred  thirteen  of  this  article. The
      respondent shall have the right to make a motion for  relief  from  such
      default order within one year from the date such order was entered.