GroundRules
← Search the law
New York · Through 2026-09-11

N.Y. Surrogate's Court Procedure Act § 309: When service of process complete 1

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

§ 309. When service of process complete

1. Service by personal delivery. The service of process is complete

immediately upon personal delivery to the respondent when service is so

made.

2. Service by other means. Unless the court directs otherwise, the

service of the process shall be complete when served by:

(a) mailing or by registered or certified mail, upon the mailing

thereof;

(b) special mail service, upon receipt of the envelope containing the

process by the United States Postal Service in the case of express mail

or upon receipt of the envelope containing the process by the designated

delivery service in the case of any other special mail service;

(c) substituted service, upon the delivery or affixing and the mailing

thereof, whichever is done last;

(d) personal delivery to a person duly designated by the respondent,

or to a person or consular official designated by the court by order to

be served in respondent's behalf, upon such personal delivery;

(e) publication, on the 28th day after the first publication;

(f) electronic means, upon transmittal of the process to the

recipient; or

(g) any other means, as the court directs.

3. Service upon an infant. Where service of process upon an infant

pursuant to subdivision 4 of section 307 does not require service upon

the infant because the infant is under the age of 14 years and does not

require service upon one of the other persons listed therein because

such other person is the petitioner, service of process upon such infant

shall be deemed complete upon the filing of the petition.

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

Browse this collection