2006 New York Code - Return Day Of Citation



 
  § 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;
    (ii)  20 days if the person is served without the state but within the
  United States, the District of Columbia, the Commonwealth of Puerto Rico
  or the possessions or territories of the United States; and
    (iii) 30 days in all other cases.
    (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.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.