N.Y. Surrogate's Court Procedure Act § 308: Return day of citation 1

§ 308. Return day of citation

1. Based on place of service. Except as otherwise provided in

subdivisions 2 and 3, the time of the return of a citation shall be

governed by the following paragraphs:

(a) The citation shall be served at least the following number of days

before the return day:

(i) 10 days if the person is served within the state by personal

delivery;

(ii) 20 days if the person is served within the United States, the

District of Columbia, the Commonwealth of Puerto Rico or the possessions

or territories of the United States by other than personal delivery; and

(iii) 30 days in all other cases and where the office of the attorney

general is a party.

(b) The time periods set forth under paragraph (a) of this subdivision

shall commence to run from the time that service is complete as provided

in 309.

2. Service by publication. If served by publication, the return day

shall not be earlier than the day service is completed, as provided in

309.

3. Service on consular official. If served upon a consular official

pursuant to 307, subdivision 3 (e), it shall be served at least 30 days

prior to the return day.

4. For the purpose of fixing the time within which a process must be

served, service upon the clerk of the court, pursuant to designation, is

personal service upon the fiduciary within the county where the letters

of the fiduciary were issued.