2019 New York Laws
CVP - Civil Practice Law and Rules
Article 3 - Jurisdiction and Service, Appearance and Choice of Court
R316 - Service by Publication.

Universal Citation: NY CPLR § 316 (2019)
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.

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