§ 153-b. Service of process request for order of protection. Whenever
a petitioner requests an order of protection or temporary order of
protection or files for an extension of such order or a petition or
motion for modification or a violation of such an order under any
article of this act:

(a) the summons and the petition and, if one has been issued, the
temporary order of protection, order of protection issued upon a
default, or a copy or copies thereof, may be served on any day of the
week, and at any hour of the day or night;

(b) a peace officer, acting pursuant to his or her special duties, or
a police officer shall, upon receipt, serve or provide for the service
of the summons and the petition together with any associated papers and,
if one has been issued, the temporary order of protection, or order of
protection issued upon a default and shall not charge a fee for such
service, including, but not limited to, fees as provided under section
eight thousand eleven of the civil practice law and rules;

(c) if a temporary order of protection has been issued, or an order of
protection has been issued upon a default, unless the party requesting
the order states on the record that she or he will arrange for other
means for service or deliver the order to a peace or police officer
directly for service, the court shall immediately deliver a copy of the
temporary order of protection or order of protection together with any
associated papers that may be served simultaneously including the
summons and petition, to a peace officer, acting pursuant to his or her
special duties and designated by the court, or to a police officer as
defined in paragraph (b) or (d) of subdivision thirty-four of section
1.20 of the criminal procedure law, or to any other county or municipal
officer who may be directed to effect service under section two hundred
fifty-five of this act, or, in the city of New York, to a designated
representative of the police department of the city of New York. Any
peace or police officer or designated person receiving a temporary order
of protection or an order of protection as provided in this section
shall serve or provide for the service thereof together with any
associated papers that may be served simultaneously, at any address
designated therewith, including the summons and petition if not
previously served. Service of such temporary order of protection, or
order of protection, and associated papers, shall insofar as
practicable, be achieved promptly. An officer or designated person
obliged to perform service pursuant to this section, and his or her
employer, shall not be liable for damages resulting from the failure to
achieve service where, having made a reasonable effort, such officer is
unable to locate and serve the temporary order of protection or order of
protection at any address provided by the party requesting the order;

(d) where the temporary order of protection or order of protection and
papers, if any, have been served, such officer or designated person
shall provide the court with an affirmation, certificate or affidavit of
service when the temporary order of protection or order of protection
has been served, and shall provide notification of the date and time of
such service to the statewide computer registry established pursuant to
section two hundred twenty-one-a of the executive law. A statement
subscribed by the officer or designated person, and affirmed by him or
her to be true under the penalties of perjury, stating the papers
served, the date, time, address or in the event there is no address,
place, and manner of service, the name and a brief physical description
of the party served, shall be proof of the service of the summons,
petition and temporary order of protection or order of protection;

* (e) Notwithstanding any other provision of law, all orders of
protection and temporary orders of protection issued pursuant to this
act along with any associated papers that may be served simultaneously
may, for the purposes of section one hundred sixty-eight of this
article, be transmitted by facsimile transmission or electronic means
and may be transmitted by facsimile transmission or electronic means for
expedited service in accordance with the provisions of this section. For
purposes of this section, "facsimile transmission" and "electronic
means" shall be as defined in subdivision (f) of rule twenty-one hundred
three of the civil practice law and rules.

* NB There are 2 sb (e)'s

* (e) where an officer or designated person obliged to perform service
pursuant to this section is unable to complete service of the temporary
order of protection or order of protection such officer or designated
person shall provide the court with proof of attempted service of the
temporary order of protection or order of protection with information
regarding the dates, times, locations and manner of attempted service.
An affirmation, certificate or affidavit of service with a statement
subscribed by the officer or designated person, and affirmed by him or
her to be true under the penalties of perjury, stating the name of the
party and the papers attempted to be served on said person, and for each
attempted service, the date, time, address or in the event there is no
address, place, and manner of attempted service, shall be proof of
attempted service.

* NB There are 2 sb (e)'s