2019 New York Laws
CVP - Civil Practice Law and Rules
Article 3 - Jurisdiction and Service, Appearance and Choice of Court
R320 - Defendant's Appearance.

Rule  320. Defendant's appearance.  (a) Requirement of appearance. The
defendant appears by serving an answer or a notice of appearance, or  by
making a motion which has the effect of extending the time to answer. An
appearance  shall  be  made  within  twenty  days  after  service of the
summons, except that if the summons  was  served  on  the  defendant  by
delivering  it to an official of the state authorized to receive service
in his behalf or if it was served pursuant to section  303,  subdivision
two,  three,  four  or five of section 308, or sections 313, 314 or 315,
the appearance shall  be  made  within  thirty  days  after  service  is
complete.  If  the complaint is not served with the summons, the time to
appear may be extended as provided in subdivision (b) of section 3012.
  (b) When appearance confers personal jurisdiction, generally.  Subject
to the provisions of subdivision (c), an appearance of the defendant  is
equivalent  to  personal  service  of  the  summons  upon him, unless an
objection to jurisdiction under paragraph eight of  subdivision  (a)  of
rule  3211  is  asserted  by motion or in the answer as provided in rule
3211.
  (c) When appearance confers personal jurisdiction, in certain actions;
limited appearance. When the court's  jurisdiction  is  not  based  upon
personal  service  on  the defendant, an appearance is not equivalent to
personal service upon the defendant:
  1. in  a  case  specified  in  subdivision  (3)  of  section  314,  if
jurisdiction  is based solely upon a levy on defendant's property within
the state pursuant to an order of attachment; or
  2. in any other case specified in section  314,  if  an  objection  to
jurisdiction  under  paragraphs eight or nine of subdivision (a) of rule
3211, or both, is asserted by motion or in the  answer  as  provided  in
rule  3211,  unless  the  defendant  proceeds  with  the  defense  after
asserting the  objection  to  jurisdiction  and  the  objection  is  not
ultimately sustained.
  (d)  Appearance  after first publication.  Where the defendant appears
during the period of publication of a summons against him,  the  service
by publication shall be deemed completed by the appearance.