N.Y. Family Court Act § 1036: Service of summons

§ 1036. Service of summons. (a) Except as provided for in subdivision

(c) of this section, in cases involving abuse, the petition and summons

shall be served within two court days after their issuance. If they

cannot be served within that time, such fact shall be reported to the

court with the reasons thereof within three court days after their

issuance and the court shall thereafter issue a warrant in accordance

with the provisions of section one thousand thirty-seven. The court

shall also, unless dispensed with for good cause shown, direct that the

child be brought before the court. Issuance of a warrant shall not be

required where process is sent without the state as provided for in

subdivision (c) of this section.

(b) Service of a summons and petition shall be made by delivery of a

true copy thereof to the person summoned at least twenty-four hours

before the time stated therein for appearance.

(c) In cases involving either abuse or neglect, the court may send

process without the state in the same manner and with the same effect as

process sent within the state in the exercise of personal jurisdiction

over any person subject to the jurisdiction of the court under section

three hundred one or three hundred two of the civil practice law and

rules, notwithstanding that such person is not a resident or domiciliary

of the state, where the allegedly abused or neglected child resides or

is domiciled within the state and the alleged abuse or neglect occurred

within the state. In cases involving abuse where service of a petition

and summons upon a non-resident or non-domiciliary respondent is

required, such service shall be made within ten days after its issuance.

If service can not be effected in ten days, an extension of the period

to effect service may be granted by the court for good cause shown upon

application of any party or the child's attorney. Where service is

effected on an out of state respondent and the respondent defaults by

failing to appear to answer the petition, the court may on its own

motion, or upon application of any party or the child's attorney proceed

to a fact finding hearing thereon.

(d) If after reasonable effort, personal service is not made, the

court may at any stage in the proceedings make an order providing for

substituted service in the manner provided for substituted service in

civil process in courts of record.