State of New York (CPLR 307)
If the "State of New York" is the defendant, and not a specific state agency, you should serve to any Assistant Attorney General at an office of the Attorney General.
New York State Official (CPLR 307)
If an official of the State of New York is named as a defendant (i.e., Kathy Hochul as Governor of New York State), you would serve that official by either:
- Personal delivery to the person named.
- Serving an Assistant Attorney General at any office of the Attorney General. In addition to serving an Assistant Attorney General, you must then send a copy of the documents by Certified Mail to the person at their "principal office" (defined as the office they are generally located). The Certified Mail must have "URGENT LEGAL MAIL" written in capital letters on the outside of the envelope. Service is not complete until both an Assistant Attorney General is served, and the Certified Mail is received.
New York State Agency (CPLR 307)
If the defendant is an agency of the State of New York (i.e., New York State Department of Transportation), you would serve that agency by either:
- Serving the Chief Executive Officer of the agency or their designee. Each Chief Executive is required to appoint at least 1 person besides themselves to receive process.
- Serving an Assistant Attorney General at any office of the Attorney General. In addition to serving an Assistant Attorney General, you must then send a copy of the documents by Certified Mail to the person at their "principal office" (defined as the office they are generally located). The Certified Mail must have "URGENT LEGAL MAIL" written in capital letters on the outside of the envelope. Service is not complete until both an Assistant Attorney General is served, and the Certified Mail is received.
Serving a City (CPLR 311)
Serving a city may be accomplished by serving any of the following:
- Mayor
- Comptroller
- Treasurer
- Counsel (Attorney)
- Clerk
You may also serve any person appointed as a "deputy" of an office named above. If the city doesn't have a specific officer listed, you may serve any officer with a corresponding function.
Serving a County (CPLR 311)
Serving a county may be accomplished by serving any of the following:
- Clerk of the Board of Supervisors
- Chair of the Board of Supervisors
- County Clerk
- County Attorney
- County Treasurer
You may also serve any person appointed as a "deputy" of an office named above.
Serving a Town (CPLR 311)
Serving a town may be accomplished by serving any of the following:
- Town Supervisor
- Town Clerk
Serving a Village (CPLR 311)
Serving a village may be accomplished by serving any of the following:
- Village Mayor
- Village Clerk
- Any Village Trustee
Serving a School District (CPLR 311)
Serving a school district may be accomplished by serving any of the following:
- District Clerk
- District Tax Collector
- District Treasurer
- District Trustee
- Any Member of the Board of Education
- Superintendent of Schools
- Attendance Officer
You may also serve any elected or appointed official whose duties generally relate to the administration of the school district.
Comments
0 comments
Article is closed for comments.