N.Y. Surr. Ct. Proc. Act § 301

§ 301. Statute of limitations\n (a) For the purpose of computing the period of limitation under\narticle two of the civil practice law and rules, a proceeding is\ncommenced upon the filing of a petition, provided process is issued and\nservice made upon any respondent within one hundred twenty days after\nthe date of the filing of the petition, except that when process is\nserved by publication, the first publication be made within one hundred\ntwenty days of the filing of the petition.\n (b) If a proceeding is dismissed for failure to effect proper service,\nthe petitioner may commence a new proceeding, despite the expiration of\nthe statute of limitations after the commencement of the original\nproceeding, based upon the same instrument, transaction or occurrence or\ntransactions or occurrences within one hundred twenty days of such\ndismissal provided that service is effected within such one hundred\ntwenty day period.\n