Section 525. Service of summons  


Latest version.
  • (a)  Personal  service  of summons and
      petition shall be made by delivery of a true copy thereof to the  person
      to  be  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.  If  so
      requested  by  one  acting on behalf of the respondent or by a parent or
      other person legally responsible for  his  care,  the  court  shall  not
      proceed  with  the  hearing  or proceeding earlier than eight days after
      such 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 filiation 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 subdivision 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 filiation by  default.
      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.