Statute:

Service of summons

ยง 427. Service of summons. (a) Personal service of a summons and
petition may be made by delivery of a true copy thereof to the person
summoned at least eight days before the time stated therein for
appearance; or by delivery of a true copy thereof to a person of
suitable age and discretion at the actual place of business, dwelling
place or usual place of abode of the person to be served and by mailing
a true copy thereof to the person to be served at his last known
residence at least eight days before the time stated in the summons for
appearance; proof of service shall identify such person of suitable age
and discretion and state the date, time and place of service.

(b) If after reasonable effort, personal service is not made, the
court may at any stage in the proceedings make an order providing for
substituted service in the manner provided for substituted service in
the civil practice law and rules.

(c) In any case, whether or not service is attempted under subdivision
(a) or (b) of this section, service of a summons and petition under this
section may be effected by mail alone to the last known address of the
person to be served. Service by mail alone shall be made at least eight
days before the time stated in the summons for appearance. If service is
by mail alone, the court will enter an order of support by default if
there is proof satisfactory to the court that the respondent had actual
notice of the commencement of the proceeding which may be established
upon sufficient proof that the summons and petition were in fact mailed
by certified mail and signed for at the respondent's correct street
address or signed for at the post office. If service by certified mail
at the respondent's correct street address cannot be accomplished,
service pursuant to subdivisions one, two, three or four of section
three hundred eight of the civil practice law and rules shall be deemed
good and sufficient service. Upon failure of the respondent to obey a
summons served in accordance with the provisions of this section by
means other than mail alone, the court will enter an order of support by
default. Such order of support shall be made pursuant to the provisions
set forth in section four hundred thirteen of this article. The
respondent shall have the right to make a motion for relief from such
default order within one year from the date such order was entered.

FCT 427 2014-09-22

Sections:

Article 4 - Support Proceedings
Part 1 - (411 - 418) Jurisdiction And Duties Of Support
411 - Jurisdiction
412 - Married person's duty to support spouse.
413 - Parents' duty to support child.
413-A - Review and cost of living adjustment of child support orders.
415 - Duties to support recipient of public assistance or welfare and patients in institutions in the department of mental hygiene.
416 - Elements of support; provisions for accident, life and health insurance benefits.
417 - Child of ceremonial marriage.
418 - Genetic marker and DNA tests; admissibility of records or reports of test results; costs of tests.
Part 2 - (421 - 430) Venue And Preliminary Procedure
421 - Venue.
422 - Persons who may originate proceedings.
423 - Petition; prior demand not required.
424 - Probation services.
424-A - Compulsory financial disclosure.
425 - Agreement to support.
426 - Issuance of summons.
427 - Service of summons.
428 - Issuance of warrant; certificate of warrant.
429 - Sequestration of respondent's property.
430 - Temporary order of protection.
Part 3 - (431 - 439-A) Hearing
431 - Preliminary procedure on warrant.
432 - Procedure before court.
433 - Enacted without section heading.
434 - Order for temporary child support.
434-A - Order for temporary spousal support.
435 - Procedure; adjournment; confidentiality of requests.
436 - Competence of spouse.
437 - Presumption of sufficient means.
437-A - Referral to work programs.
438 - Counsel fees.
439 - Support magistrates.
439-A - Expedited process.
Part 4 - (440 - 449) Orders
440 - Order of support.
441 - Order dismissing petition.
442 - Order of support by a spouse.
443 - Order of support by parent.
445 - Order of support by relative; duration.
446 - Order of protection.
446-A - Firearms; surrender and license suspension, revocation and ineligibility.
447 - Order of visitation.
448 - Enforcement by income deduction.
449 - Effective date of order of support.
Part 5 - (451 - 460) Compliance With Orders
451 - Continuing jurisdiction.
453 - Petition; violation of court order.
454 - Powers of the court on violation of a support order.
455 - Commitment.
456 - Probation.
457 - Order of sequestration on failure to obey support order.
458-A - Enforcement of arrears; Suspension of driving privileges.
458-B - Child support proceedings and enforcement of arrears; suspension of state professional, occupational and business licenses.
458-C - Child support proceedings and enforcement of arrears; suspension of recreational licenses.
459 - Additional arrears.
460 - Entry and docketing of a money judgment.
Part 6 - (461 - 469) Effect Of Action For Separation, Divorce Or Annulment
461 - Duty to support child after separation agreement, separation, or termination of marriage.
462 - Effect of support order in matrimonial action on duration of family court support order for child.
463 - Effect of separation agreement on duty to support a spouse.
464 - Effect of pendency of action for divorce, separation or annulment on petition for support of a spouse.
465 - Effect of denial of support in action for separation.
466 - Effect of granting of support in action for divorce, separation or annulment.
467 - Referral by supreme court of applications to fix custody in action for divorce, separation or annulment.
469 - Rules of court; venue.
Part 7 - (471 - 479) Undertaking
471 - Undertaking for support and cash deposits.
472 - Undertaking to be filed.
473 - Substitution of surety.
474 - Default.
475 - Procedure as to defaults.
476 - Forfeitures applied to support of petitioner.
477 - Surrender of respondent by surety.
478 - Termination of surety's liability.
479 - When new security required.

Search Decisions Citing Statute