Section 89-T. Definitions

For this article, a process server is a person
  other than an attorney or a party to an action acting on his own  behalf
  who:  (a) derives income from the service of papers in an action; or (b)
  has  effected  service of process in five or more actions or proceedings
  in  the  twelve  month  period  immediately  preceding  the  service  in
  question.  A  person who serves interlocutory papers upon an attorney or
  who serves papers on behalf of a federal, state  or  local  governmental
  agency  in  the  course  of  his  employment by such agency shall not be
  deemed a process server within the meaning of this article by virtue  of
  such service.