N.Y. General Business Law § 89-cc: Process server records

§ 89-cc. Process server records. 1. Each process server shall maintain

a legible record of all service made by him or her as prescribed in this

section. Such records shall be kept, either:

(a) in chronological order in a bound, paginated volume. Corrections

in records shall be made only by drawing a straight line through the

inaccurate entry and clearly printing the accurate information directly

above the inaccurate entry. All other methods of correction, including

but not limited to erasing, opaquing, obliterating or redacting, are

prohibited; or

(b) by submitting recorded entries to a third party contractor within

three days of service or attempted service, provided, however that

permissions pertaining to such data will be secured so that the data

cannot be deleted upon submission. Records shall be reported in

chronological order. It shall be unlawful for any process server to

tamper with data or properties of any electronic record kept pursuant to

this section after an image file is made by modifying, amending,

deleting, rearranging or in any other way altering any such data or

properties including, but not limited to, using a meta data scrubber or

similar device or program. If a typographical error has occurred or if

data contained in the process server's record was accidentally omitted

from the electronic data entry, the third party contractor may make an

amendment in which the original record shall be identified by entering

it in italics. All third party contractors must maintain a daily backup

of all submitted data, and all data must be available for review upon

request of any and all interested parties.

2. The record to be maintained shall include the following

information, where applicable:

(a) the title of the action or a reasonable abbreviation thereof;

(b) the name of the person served, if known;

(c) the date and approximate time service was effected;

(d) the address where service was effected;

(e) the nature of the papers served;

(f) the court in which the action has been commenced;

(g) the index number of the action, if known;

(h) if service is effectuated pursuant to subdivision four of section

three hundred eight of the civil practice law and rules or subdivision

one of section seven hundred thirty-five of the real property actions

and proceedings law, a description of the color of the door to which the

summons is affixed;

(i) the process serving agency from whom the process served was

received, if any;

(j) type of service effected whether personal, substituted or

conspicuous;

(k) if service is effected pursuant to subdivision one, two or three

of section three hundred eight of the civil practice law and rules, the

record shall also include the description of the person served,

including, but not limited to sex, color of skin, hair color,

approximate age, height and weight and other identifying features;

(l) if service is effected pursuant to subdivision four of section

three hundred eight of the civil practice law and rules, the record

shall also include the dates, addresses and time of attempted service

pursuant to subdivision one, two or three of such section;

(m) if the process server files an affidavit of service with the

court, his record shall include the date of such filing.