N.Y. Civil Practice Law & Rules § 316: Service by publication

Rule 316. Service by publication. (a) Contents of order; form of

publication; filing. An order for service of a summons by publication

shall direct that the summons be published together with the notice to

the defendant, a brief statement of the nature of the action and the

relief sought, and, except in an action for medical malpractice, the sum

of money for which judgment may be taken in case of default and, if the

action is brought to recover a judgment affecting the title to, or the

possession, use or enjoyment of, real property, a brief description of

the property, in two newspapers, at least one in the English language,

designated in the order as most likely to give notice to the person to

be served, for a specified time, at least once in each of four

successive weeks, except that in the matrimonial action publication in

one newspaper in the English language, designated in the order as most

likely to give notice to the person to be served, at least once in each

of three successive weeks shall be sufficient. The summons, complaint,

or summons and notice in an action for divorce or separation, order and

papers on which the order was based shall be filed on or before the

first day of publication.

(b) Mailing to accompany publication in matrimonial actions. An order

for service of a summons by publication in a matrimonial action shall

also direct that on or before the first day of publication a copy of the

summons be mailed to the person to be served unless a place where such

person probably would receive mail cannot with due diligence be

ascertained and the court dispenses with such mailing. A notice of

publication shall be enclosed.

(c) Time of publication; when service complete. The first publication

of the summons shall be made within thirty days after the order is

granted. Service by publication is complete on the twenty-eighth day

after the day of first publication, except that in a matrimonial action

it is complete on the twenty-first day after the day of first

publication.