N.Y. Debtor & Creditor Law § 254: Service of citation

§ 254. Service of citation. A citation to the persons interested must

be served on all parties, other than the petitioner, who are interested

in the fund, including sureties of the committee or conservator; but the

court may, in its discretion, dispense with the service on such

incompetent person or conservatee, and, if the time limited by due

advertisement for presentation of claims has expired before the issue of

citation, creditors who have not duly presented their claims need not be

served. The court may, by order, direct such citation to be served on

creditors who have presented claims accompanied by post-office address,

as provided in section two hundred and fifty, by depositing a copy of

the same at least twenty days prior to the return day thereof in the

post-office at the place where such committee or conservator, resides,

duly inclosed and directed to each of such creditors at the post-office

address specified by him as provided in section two hundred and fifty,

with the postage prepaid, and publishing such citation once in each week

for at least four weeks prior to such return day in one or more

newspapers to be designated by the court as most likely to give notice

to such creditors. A citation personally served within the county where

such incompetent person or conservatee resided at the time of his

becoming incompetent or incapable of managing his affairs, or an

adjoining county, must be served at least eight days before the return

thereof; if in any other county, at least fifteen days before the return

thereof. The court may direct service to be made by publication, when it

is satisfied by affidavit or verified petition, either that the person

to be served is unknown or that his residence can not, after diligent

inquiry, be ascertained, or that he can not, after due diligence, be

found within the state. The order for such service must direct service

of the citation upon such person to be made by publication thereof in

one newspaper to be designated by the court as most likely to give

notice to the person to be served once a week for four weeks, and that a

copy of the citation be forthwith deposited in the post-office duly

inclosed and directed to each person so served at his last known place

of residence or post-office address, and the postage paid thereon, at

least thirty days before the return day thereof. When publication has

been ordered, personal service without the state made, if within the

United States, at least thirty days, or without the United States, at

least forty days before the return day, is equivalent to publication and

mailing. Personal service on minors, incompetent persons and

conservatees shall be made as prescribed by law for service of citations

issued by surrogates for final accounting, and personal service on one

or two or more creditors, claiming as co-partners or otherwise as joint

creditors shall be equivalent to personal services on all, and voluntary

appearance either in person or by attorney shall be equivalent to

personal service, and such appearance may be made by any one claiming an

interest, though not served, and such person shall thereupon become a

party to the proceeding.