Article 3. PROCEEDINGS, PLEADINGS AND PROCESS  


Section 301. Statute of limitations (a) For the purpose of computing the period of limitation under article two of the civil practice law and rules, a proceeding is commenced upon the filing of a petition, provided process is issued and service made upon any respondent within one hundred twenty days after the date of the filing of the petition, except that when process is served by publication, the first publication be made within one hundred twenty days of the filing of the petition
Section 302. Pleadings 1
Section 303. Verification All pleadings shall be verified in the manner provided by CPLR 3020
Section 304. Contents of petition In addition to such other requirements as may be applicable to the petition in a particular proceeding, a petition must substantially set forth: 1
Section 305. Process, where returnable The process of a surrogate's court, except where otherwise prescribed by law, must be made returnable before the court from which it was issued
Section 306. Citation
Section 307. Service of process 1
Section 308. Return day of citation 1
Section 309. When service of process complete 1
Section 310. Who may serve process 1
Section 311. Designee for person under disability Whenever the person to be served is a person under disability, whether or not a party so requests, the court may in the interest of such person, require by order or direction in the minutes that a copy of the process issued be delivered to a person designated, in the manner and within the time specified
Section 312. Additional parties; supplemental process The court may issue a supplemental process at any time and require any party to procure it and cause it to be served in conformity with the provisions of 307 and 308 on any person in any proceeding, so that any person necessary or proper to a final determination therein may be made a party thereto
Section 313. Manner of giving notice when not otherwise prescribed Whenever the manner of giving notice is not otherwise prescribed, the court may direct both as to the form of notice and the manner and time of service thereof
Section 314. Proof of service of subpoena or process Proof of service of a subpoena or process shall be made in the manner and form prescribed by CPLR 306 and 4532, provided, however, that a writing admitting service shall not be sufficient if made by an infant under the age of 16 years or an incompetent
Section 315. Joinder and representation of persons interested in estates 1
Section 316. Process to attorney general where persons unknown In every case where it appears that there is no distributee or beneficiary or that it is not known whether or not there be such, the process shall be issued to the attorney general of the state