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This entry was published on 2014-09-22
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SECTION 309
When service of process complete 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 3
§ 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, with or without return
receipt requested, 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; or

(f) 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.