Legislation
SECTION 309
Personal service upon an infant, incompetent or conservatee
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 3
§ 309. Personal service upon an infant, incompetent or conservatee.
(a) Upon an infant. Personal service upon an infant shall be made by
personally serving the summons within the state upon a parent or any
guardian or any person having legal custody or, if the infant is
married, upon an adult spouse with whom the infant resides, or, if none
are within the state, upon any other person with whom he resides, or by
whom he is employed. If the infant is of the age of fourteen years or
over, the summons shall also be personally served upon him within the
state.
(b) Upon a person judicially declared to be incompetent. Personal
service upon a person judicially declared to be incompetent to manage
his affairs and for whom a committee has been appointed shall be made by
personally serving the summons within the state upon the committee and
upon the incompetent, but the court may dispense with service upon the
incompetent.
(c) Upon a conservatee. Personal service on a person for whom a
conservator has been appointed shall be made by personally serving the
summons within the state upon the conservator and upon the conservatee,
but the court may dispense with service upon the conservatee.
(a) Upon an infant. Personal service upon an infant shall be made by
personally serving the summons within the state upon a parent or any
guardian or any person having legal custody or, if the infant is
married, upon an adult spouse with whom the infant resides, or, if none
are within the state, upon any other person with whom he resides, or by
whom he is employed. If the infant is of the age of fourteen years or
over, the summons shall also be personally served upon him within the
state.
(b) Upon a person judicially declared to be incompetent. Personal
service upon a person judicially declared to be incompetent to manage
his affairs and for whom a committee has been appointed shall be made by
personally serving the summons within the state upon the committee and
upon the incompetent, but the court may dispense with service upon the
incompetent.
(c) Upon a conservatee. Personal service on a person for whom a
conservator has been appointed shall be made by personally serving the
summons within the state upon the conservator and upon the conservatee,
but the court may dispense with service upon the conservatee.