N.Y. Civil Practice Law & Rules § 306-b: Service of the summons and complaint, summons with notice, or petition with a notice of petition or order to show cause

§ 306-b. Service of the summons and complaint, summons with notice, or

petition with a notice of petition or order to show cause. Service of

the summons and complaint, summons with notice, or petition with a

notice of petition or order to show cause shall be made within one

hundred twenty days after the commencement of the action or proceeding,

provided that in an action or proceeding, except a proceeding commenced

under the election law, where the applicable statute of limitations is

four months or less, service shall be made not later than fifteen days

after the date on which the applicable statute of limitations expires.

If service is not made upon a defendant within the time provided in this

section, the court, upon motion, shall dismiss the action without

prejudice as to that defendant, or upon good cause shown or in the

interest of justice, extend the time for service.