N.Y. Surrogate's Court Procedure Act § 301: Statute of limitations (a) For the purpose of computing the period of limitation under article two of the civil practice law and rules, a...

§ 301. Statute of limitations

(a) For the purpose of computing the period of limitation under

article two of the civil practice law and rules, a proceeding is

commenced upon the filing of a petition, provided process is issued and

service made upon any respondent within one hundred twenty days after

the date of the filing of the petition, except that when process is

served by publication, the first publication be made within one hundred

twenty days of the filing of the petition.

(b) If a proceeding is dismissed for failure to effect proper service,

the petitioner may commence a new proceeding, despite the expiration of

the statute of limitations after the commencement of the original

proceeding, based upon the same instrument, transaction or occurrence or

transactions or occurrences within one hundred twenty days of such

dismissal provided that service is effected within such one hundred

twenty day period.