Public-domain · open source
OpenJurist

N.Y. C.P.L.R. 309

Personal service upon an infant, incompetent or conservatee

2014-09-22

§ 309. Personal service upon an infant, incompetent or conservatee.\n(a) Upon an infant. Personal service upon an infant shall be made by\npersonally serving the summons within the state upon a parent or any\nguardian or any person having legal custody or, if the infant is\nmarried, upon an adult spouse with whom the infant resides, or, if none\nare within the state, upon any other person with whom he resides, or by\nwhom he is employed. If the infant is of the age of fourteen years or\nover, the summons shall also be personally served upon him within the\nstate.\n (b) Upon a person judicially declared to be incompetent. Personal\nservice upon a person judicially declared to be incompetent to manage\nhis affairs and for whom a committee has been appointed shall be made by\npersonally serving the summons within the state upon the committee and\nupon the incompetent, but the court may dispense with service upon the\nincompetent.\n (c) Upon a conservatee. Personal service on a person for whom a\nconservator has been appointed shall be made by personally serving the\nsummons within the state upon the conservator and upon the conservatee,\nbut the court may dispense with service upon the conservatee.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.