§ 307. Service of process

1. Service by personal delivery. Service of the process may be made on
any person by personal delivery to him of a copy of the process either
within or without the state.

2. Service by registered or certified mail, return receipt requested,
or by special mail service, upon non-domiciliaries. Service of the
process may be made by registered or certified mail, return receipt
requested, or by special mail service, upon non-domiciliaries, whether
or not they be natural persons.

3. Service by court order. As an alternative to service under
subdivisions 1 and 2, service may be made in the manner directed by the
court; but such service, except as provided by subdivision 6, shall not
be ordered upon a domiciliary natural person unless it be shown that,
with due diligence, service by personal delivery within the state cannot
be effected, or where for good cause shown, personal service within the
state would be impracticable. Any proof necessary hereunder may be
submitted in the petition or by affidavit. The court may take into
account the size of the estate and the remoteness of kinship of any
person to be cited in determining the appropriate due diligence
necessary to permit alternate service under this section. The court may
direct service by any one or more of the following methods, which shall
not, however, be exclusive:

(a) service by publication, such as is provided by CPLR 316, subject
to 308 and 309, and to such variations of CPLR 316 as the court may
provide, except that

(i) where persons are to be served by publication, publication in only
1 newspaper shall be required, or

(ii) where a person is alleged to be within a country with which the
United States of America is at war or a place with which the United
States of America does not maintain postal communication, the court may
direct that a copy of the process shall be mailed on behalf of such
person to the officer who may have been appointed to take possession of
the property of noncitizen enemies, or

(iii) where the person to be served is an absentee or alleged to be
deceased, the court may direct that in addition to the foregoing
requirements, the process be published in a newspaper published at or
near the place where the absentee was last known to be, or

(iv) in an adoption proceeding under article seven of the domestic
relations law or in a proceeding under section three hundred
eighty-four-b of the social services law, a single publication in only
one newspaper shall be sufficient.

(b) service by mail, by registered or certified mail with or without
return receipt requested, or by any manner of special mail service, as
the court may direct;

(c) substituted service such as is provided by CPLR 308 (2) and (4),
within or without the state, subject to 308 and 309, and to such
variations of CPLR 308 as the court may provide;

(d) service within or without the state, by personal delivery to a
person duly designated by respondent to receive process in his behalf,
or to a person whose relationship, whatever its character, and by blood
or otherwise to the respondent, indicates in the circumstances the
probability that actual notice will reach the latter through him;

(e) if the interest of a non-domiciliary noncitizen in the estate is
less than $2,500 or his or her address is unknown or such estate's gross
assets are less than $25,000, by delivery of a copy of the process to a
consular official of the noncitizen's nation.

4. Service upon an infant. Service upon an infant requires that
service of process be made upon any one of the following, unless any
such one of them is the petitioner, in which case no such service shall
be required: his father, his mother, his guardian, any adult person
having the care and control of him or with whom he resides, or such
person interested in his welfare or education as the court shall by
order direct, where it appears to the satisfaction of the court that
need for such order exists; and if the infant be of the age of 14 years
or over, also upon the infant in person.

5. Service upon an incompetent, conservatee and persons other than
natural persons. Unless this act otherwise provides or the court in a
given proceeding otherwise directs, CPLR 307, 309 (b), 309 (c), 310,
310-a, 311, 311-a, 312 and 1025 are applicable to service under the
foregoing subdivisions of this section.

6. Service upon creditors. Process may be served upon creditors,
regardless of the number thereof, by mailing a copy of the process to
each of them whether or not they be natural domiciliaries.