N.Y. Family Court Act § 525: Service of summons

§ 525. Service of summons. (a) Personal service of summons and

petition shall be made by delivery of a true copy thereof to the person

to be summoned at least eight days before the time stated therein for

appearance; or by delivery of a true copy thereof to a person of

suitable age and discretion at the actual place of business, dwelling

place or usual place of abode of the person to be served and by mailing

a true copy thereof to the person to be served at his last known

residence at least eight days before the time stated in the summons for

appearance; proof of service shall identify such person of suitable age

and discretion and state the date, time and place of service. If so

requested by one acting on behalf of the respondent or by a parent or

other person legally responsible for his care, the court shall not

proceed with the hearing or proceeding earlier than eight days after

such service.

(b) 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

the civil practice law and rules.

(c) In any case, whether or not service is attempted under subdivision

(a) or (b) of this section, service of a summons and petition under this

section may be effected by mail alone to the last known address of the

person to be served. Service by mail alone shall be made at least eight

days before the time stated in the summons for appearance. If service is

by mail alone, the court will enter an order of filiation by default if

there is proof satisfactory to the court that the respondent had actual

notice of the commencement of the proceeding, which may be established

upon sufficient proof that the summons and petition were in fact mailed

by certified mail and signed for at the respondent's correct street

address or signed for at the post office. If service by certified mail

at the respondent's correct street address cannot be accomplished,

service pursuant to subdivision one, two, three or four of section three

hundred eight of the civil practice law and rules shall be deemed good

and sufficient service. Upon failure of the respondent to obey a summons

served in accordance with the provisions of this section by means other

than mail alone, the court will enter an order of filiation by default.

The respondent shall have the right to make a motion for relief from

such default order within one year from the date such order was entered.