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Legal Statutes: New York

UPDATED April 20, 2017

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Part 2. Preliminary procedure

back to topSec. 826. Service of summons

a) Unless the court issues a warrant pursuant to section eight hundred twenty-seven of this part, service of a summons and petition shall be made by delivery of a true copy thereof to the person summoned at least twenty-four hours before the time stated therein for appearance. If so requested by the respondent, the court shall not proceed with the hearing or proceeding earlier than three days after such service.

(b) If after reasonable effort, personal service is not made, the court may at any stage in the proceedings make an order providing for substituted service in the manner provided for substituted service in civil process in courts of record.

History: (L.1962, c. 686; amended L.1994, c. 222, § 16.)