N.Y. General Business Law § 89-t: Definitions

§ 89-t. Definitions. For this article, a process server is a person

other than an attorney or a party to an action acting on his own behalf

who: (a) derives income from the service of papers in an action; or (b)

has effected service of process in five or more actions or proceedings

in the twelve month period immediately preceding the service in

question. A person who serves interlocutory papers upon an attorney or

who serves papers on behalf of a federal, state or local governmental

agency in the course of his employment by such agency shall not be

deemed a process server within the meaning of this article by virtue of

such service.