N.Y. Civil Practice Law & Rules § 2103: Service of papers

Rule 2103. Service of papers. (a) Who can serve. Except where

otherwise prescribed by law or order of court, papers may be served by

any person not a party of the age of eighteen years or over.

(b) Upon an attorney. Except where otherwise prescribed by law or

order of court, papers to be served upon a party in a pending action

shall be served upon the party's attorney. Where the same attorney

appears for two or more parties, only one copy need be served upon the

attorney. Such service upon an attorney shall be made:

1. by delivering the paper to the attorney personally; or

2. by mailing the paper to the attorney at the address designated by

that attorney for that purpose or, if none is designated, at the

attorney's last known address; service by mail shall be complete upon

mailing; where a period of time prescribed by law is measured from the

service of a paper and service is by mail, five days shall be added to

the prescribed period if the mailing is made within the state and six

days if the mailing is made from outside the state but within the

geographic boundaries of the United States; or

3. if the attorney's office is open, by leaving the paper with a

person in charge, or if no person is in charge, by leaving it in a

conspicuous place; or if the attorney's office is not open, by

depositing the paper, enclosed in a sealed wrapper directed to the

attorney, in the attorney's office letter drop or box; or

4. by leaving it at the attorney's residence within the state with a

person of suitable age and discretion. Service upon an attorney shall

not be made at the attorney's residence unless service at the attorney's

office cannot be made; or

5. by transmitting the paper to the attorney by facsimile

transmission, provided that a facsimile telephone number is designated

by the attorney for that purpose. Service by facsimile transmission

shall be complete upon the receipt by the sender of a signal from the

equipment of the attorney served indicating that the transmission was

received, and the mailing of a copy of the paper to that attorney. The

designation of a facsimile telephone number in the address block

subscribed on a paper served or filed in the course of an action or

proceeding shall constitute consent to service by facsimile transmission

in accordance with this subdivision. An attorney may change or rescind a

facsimile telephone number by serving a notice on the other parties; or

6. by dispatching the paper to the attorney by overnight delivery

service at the address designated by the attorney for that purpose or,

if none is designated, at the attorney's last known address. Service by

overnight delivery service shall be complete upon deposit of the paper

enclosed in a properly addressed wrapper into the custody of the

overnight delivery service for overnight delivery, prior to the latest

time designated by the overnight delivery service for overnight

delivery. Where a period of time prescribed by law is measured from the

service of a paper and service is by overnight delivery, one business

day shall be added to the prescribed period. "Overnight delivery

service" means any delivery service which regularly accepts items for

overnight delivery to any address in the state; or

7. by transmitting the paper to the attorney by electronic means where

and in the manner authorized by the chief administrator of the courts by

rule and, unless such rule shall otherwise provide, such transmission

shall be upon the party's written consent. The subject matter heading

for each paper sent by electronic means must indicate that the matter

being transmitted electronically is related to a court proceeding.

(c) Upon a party. If a party has not appeared by an attorney or the

party's attorney cannot be served, service shall be upon the party by a

method specified in paragraph one, two, four, five or six of subdivision

(b) of this rule.

(d) Filing. If a paper cannot be served by any of the methods

specified in subdivisions (b) and (c), service may be made by filing the

paper as if it were a paper required to be filed.

(e) Parties to be served. Each paper served on any party shall be

served on every other party who has appeared, except as otherwise may be

provided by court order or as provided in section 3012 or in subdivision

(f) of section 3215. Upon demand by a party, the plaintiff shall supply

that party with a list of those who have appeared and the names and

addresses of their attorneys.

(f) Definitions. For the purposes of this rule:

1. "Mailing" means the deposit of a paper enclosed in a first class

postpaid wrapper, addressed to the address designated by a person for

that purpose or, if none is designated, at that person's last known

address, in a post office or official depository under the exclusive

care and custody of the United States Postal Service within the United

States;

2. "Electronic means" means any method of transmission of information

between computers or other machines designed for the purpose of sending

and receiving such transmissions, and which allows the recipient to

reproduce the information transmitted in a tangible medium of

expression;

3. "Facsimile transmission" means any method of transmission of

documents to a facsimile machine at a remote location which can

automatically produce a tangible copy of such documents.