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New York · Through 2026-09-11

N.Y. Surrogate's Court Procedure Act § 306: Citation

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Where this section sits in the code
  1. Surrogate's Court Procedure Act
  2. Article 3. Proceedings, Pleadings and Process

§ 306. Citation. 1. A citation must substantially set forth:

(a) The name and domicile of the person to whose estate or person the

proceeding relates and of the petitioner.

(b) The names of all persons to be served who have not waived issuance

and service of process, or have not appeared. Where the number of

persons of any class to be served exceeds 50, it need not specify the

name of any person of the class but may be directed to the class by such

appropriate designation as the court deems adequate.

(c) The time when and the place where the citation is returnable,

which time must be not more than 4 months after the date of issuance.

(d) The object of the proceeding and the relief sought in the

petition.

(e) The date when issued.

(f) The name, address and telephone number of the petitioner's

attorney.

2. In addition it must substantially set forth:

(a) Where the names of some persons to be served comprising a class

are unknown, the names of those persons of the class who are known and a

general description of all other persons belonging to the class, showing

their interest in the proceeding.

(b) Where the persons to be served are unknown, a general description

of such persons, showing their interest in the proceeding.

In either of such cases, where the petitioner is ignorant of the name

of a person to be served, he may designate that person in the citation

by a fictitious name or so much of his name and identity as is known.

3. The citation shall be in substantially such form as may be provided

by the Official Forms appended to this act.

4. The citation shall be attested in the name of the judge of the

court and by the seal of the court, the original shall be filed by the

clerk and a copy thereof shall be furnished to the petitioner.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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