N.Y. Civil Practice Law & Rules § 320: Defendant's appearance

Rule 320. Defendant's appearance. (a) Requirement of appearance. The

defendant appears by serving an answer or a notice of appearance, or by

making a motion which has the effect of extending the time to answer. An

appearance shall be made within twenty days after service of the

summons, except that if the summons was served on the defendant by

delivering it to an official of the state authorized to receive service

in his behalf or if it was served pursuant to section 303, subdivision

two, three, four or five of section 308, or sections 313, 314 or 315,

the appearance shall be made within thirty days after service is

complete. If the complaint is not served with the summons, the time to

appear may be extended as provided in subdivision (b) of section 3012.

(b) When appearance confers personal jurisdiction, generally. Subject

to the provisions of subdivision (c), an appearance of the defendant is

equivalent to personal service of the summons upon him, unless an

objection to jurisdiction under paragraph eight of subdivision (a) of

rule 3211 is asserted by motion or in the answer as provided in rule

3211.

(c) When appearance confers personal jurisdiction, in certain actions;

limited appearance. When the court's jurisdiction is not based upon

personal service on the defendant, an appearance is not equivalent to

personal service upon the defendant:

1. in a case specified in subdivision (3) of section 314, if

jurisdiction is based solely upon a levy on defendant's property within

the state pursuant to an order of attachment; or

2. in any other case specified in section 314, if an objection to

jurisdiction under paragraphs eight or nine of subdivision (a) of rule

3211, or both, is asserted by motion or in the answer as provided in

rule 3211, unless the defendant proceeds with the defense after

asserting the objection to jurisdiction and the objection is not

ultimately sustained.

(d) Appearance after first publication. Where the defendant appears

during the period of publication of a summons against him, the service

by publication shall be deemed completed by the appearance.