Section 307. Service of process 1  


Latest version.
  • Service by personal delivery. Service of the process may be made on
      any  person  by personal delivery to him of a copy of the process either
      within or without the state.
        2. Service by registered or certified mail, return receipt  requested,
      or  by  special  mail  service,  upon  non-domiciliaries. Service of the
      process may be made by registered  or  certified  mail,  return  receipt
      requested,  or  by special mail service, upon non-domiciliaries, whether
      or not they be natural persons.
        3. Service  by  court  order.  As  an  alternative  to  service  under
      subdivisions  1 and 2, service may be made in the manner directed by the
      court; but such service, except as provided by subdivision 6, shall  not
      be  ordered  upon  a domiciliary natural person unless it be shown that,
      with due diligence, service by personal delivery within the state cannot
      be effected, or where for good cause shown, personal service within  the
      state  would  be  impracticable.  Any  proof  necessary hereunder may be
      submitted in the petition or by  affidavit.  The  court  may  take  into
      account  the  size  of  the  estate and the remoteness of kinship of any
      person  to  be  cited  in  determining  the  appropriate  due  diligence
      necessary  to permit alternate service under this section. The court may
      direct service by any one or more of the following methods, which  shall
      not, however, be exclusive:
        (a)  service  by publication, such as is provided by CPLR 316, subject
      to 308 and 309, and to such variations of CPLR  316  as  the  court  may
      provide, except that
        (i) where persons are to be served by publication, publication in only
      1 newspaper shall be required, or
        (ii)  where  a person is alleged to be within a country with which the
      United States of America is at war or a  place  with  which  the  United
      States  of America does not maintain postal communication, the court may
      direct that a copy of the process shall be  mailed  on  behalf  of  such
      person  to the officer who may have been appointed to take possession of
      the property of alien enemies, or
        (iii) where the person to be served is an absentee or  alleged  to  be
      deceased,  the  court  may  direct  that  in  addition  to the foregoing
      requirements, the process be published in a newspaper  published  at  or
      near the place where the absentee was last known to be, or
        (iv)  in  an  adoption  proceeding under article seven of the domestic
      relations  law  or  in  a  proceeding  under   section   three   hundred
      eighty-four-b  of  the social services law, a single publication in only
      one newspaper shall be sufficient.
        (b) service by mail, by registered or certified mail with  or  without
      return  receipt  requested, or by any manner of special mail service, as
      the court may direct;
        (c) substituted service such as is provided by CPLR 308 (2)  and  (4),
      within  or  without  the  state,  subject  to  308  and 309, and to such
      variations of CPLR 308 as the court may provide;
        (d) service within or without the state, by  personal  delivery  to  a
      person  duly  designated by respondent to receive process in his behalf,
      or to a person whose relationship, whatever its character, and by  blood
      or  otherwise  to  the  respondent,  indicates  in the circumstances the
      probability that actual notice will reach the latter through him;
        (e) if the interest of a non-domiciliary alien in the estate  is  less
      than  $2,500 or his address is unknown or such estate's gross assets are
      less than $25,000, by delivery of a copy of the process  to  a  consular
      official of the alien's nation.
        4.  Service  upon  an  infant.  Service  upon  an infant requires that
      service of process be made upon any one of  the  following,  unless  any
    
      such  one of them is the petitioner, in which case no such service shall
      be required:  his father, his mother, his  guardian,  any  adult  person
      having  the  care  and  control  of him or with whom he resides, or such
      person  interested  in  his  welfare  or education as the court shall by
      order direct, where it appears to the satisfaction  of  the  court  that
      need  for such order exists; and if the infant be of the age of 14 years
      or over, also upon the infant in person.
        5. Service upon an incompetent, conservatee  and  persons  other  than
      natural  persons.  Unless  this act otherwise provides or the court in a
      given proceeding otherwise directs, CPLR 307, 309  (b),  309  (c),  310,
      311,  312  and  1025  are  applicable  to  service  under  the foregoing
      subdivisions of this section.
        6. Service upon creditors.  Process  may  be  served  upon  creditors,
      regardless  of  the  number thereof, by mailing a copy of the process to
      each of them whether or not they be natural domiciliaries.