SCPA 309 · Article 3. Proceedings, Pleadings and Process
When service of process complete
Text — Law content up to date as of September 18, 2026, as published by the New York State Senate (Open Legislation)
§ 309. When service of process complete
1. Service by personal delivery. The service of process is complete immediately upon personal delivery to the respondent when service is so made.
2. Service by other means. Unless the court directs otherwise, the service of the process shall be complete when served by:
(a) mailing or by registered or certified mail, upon the mailing thereof;
(b) special mail service, upon receipt of the envelope containing the process by the United States Postal Service in the case of express mail or upon receipt of the envelope containing the process by the designated delivery service in the case of any other special mail service;
(c) substituted service, upon the delivery or affixing and the mailing thereof, whichever is done last;
(d) personal delivery to a person duly designated by the respondent, or to a person or consular official designated by the court by order to be served in respondent's behalf, upon such personal delivery;
(e) publication, on the 28th day after the first publication;
(f) electronic means, upon transmittal of the process to the recipient; or
(g) any other means, as the court directs.
3. Service upon an infant. Where service of process upon an infant pursuant to subdivision 4 of section 307 does not require service upon the infant because the infant is under the age of 14 years and does not require service upon one of the other persons listed therein because such other person is the petitioner, service of process upon such infant shall be deemed complete upon the filing of the petition.
Source of truth
- Edition
- Law content up to date as of September 18, 2026, as published by the New York State Senate (Open Legislation)
- Official file
- https://legislation.nysenate.gov/pdf/laws/SCP309
- Text hash
- sha256 205053589dba928137b089f3fd87419eb317939b9c960e057fe0f7b8474015e0
- Composed by
- gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.