2013 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 3 - (301 - R328) JURISDICTION AND SERVICE, APPEARANCE AND CHOICE OF COURT
R316 - Service by publication.

 
    Rule  316.  Service  by  publication.   (a) Contents of order; form of
  publication; filing. An order for service of a  summons  by  publication
  shall  direct  that the summons be published together with the notice to
  the defendant, a brief statement of the nature of  the  action  and  the
  relief sought, and, except in an action for medical malpractice, the sum
  of  money for which judgment may be taken in case of default and, if the
  action is brought to recover a judgment affecting the title to,  or  the
  possession,  use  or enjoyment of, real property, a brief description of
  the property, in two newspapers, at least one in the  English  language,
  designated  in  the order as most likely to give notice to the person to
  be served, for  a  specified  time,  at  least  once  in  each  of  four
  successive  weeks,  except that in the matrimonial action publication in
  one newspaper in the English language, designated in the order  as  most
  likely  to give notice to the person to be served, at least once in each
  of three successive weeks shall be sufficient. The  summons,  complaint,
  or  summons and notice in an action for divorce or separation, order and
  papers on which the order was based shall be  filed  on  or  before  the
  first day of publication.
    (b)  Mailing to accompany publication in matrimonial actions. An order
  for service of a summons by publication in a  matrimonial  action  shall
  also direct that on or before the first day of publication a copy of the
  summons  be  mailed to the person to be served unless a place where such
  person  probably  would  receive  mail  cannot  with  due  diligence  be
  ascertained  and  the  court  dispenses  with  such mailing. A notice of
  publication shall be enclosed.
    (c) Time of publication; when service complete. The first  publication
  of  the  summons  shall  be  made  within thirty days after the order is
  granted. Service by publication is complete  on  the  twenty-eighth  day
  after  the day of first publication, except that in a matrimonial action
  it  is  complete  on  the  twenty-first  day  after  the  day  of  first
  publication.