N.Y. Gen. Bus. Law § 89-bb

§ 89-bb. Definitions. For the purposes of this article:\n 1. A "process server" is a person, other than an attorney or a party\nto an action acting on his own behalf, who: (a) derives income from the\nservice of papers in an action; or (b) has effected service of process\nin five or more actions or proceedings in the twelve month period\nimmediately preceding the service in question. A person who serves\ninterlocutory papers upon an attorney or who serves papers on behalf of\na federal, state or local governmental agency in the course of his\nemployment by such agency shall not be deemed a process server within\nthe meaning of this article by virtue of such service.\n 2. A "process serving agency" is any person, firm, partnership,\nassociation or corporation, other than an attorney or a law firm located\nin this state, who, as owner, manager or contractor, maintains an\noffice, bureau or agency for the purpose of assigning or distributing\nprocess to individual process servers for actual service.\n