After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.
Proof of service shall specify the papers served, the person who was served and the date, time, address, or, in the event there is no address, place and manner of service, and set forth facts showing that the service was made by an authorized person and in an authorized manner.
If substituted or nail and mail service were used, the affidavit of service must be filed with the County Clerk within 20 days of the date of service.
The best way to file a new claim for benefits is online. Go to labor.ny/signin and click “File a Claim.” You can also file a new claim through our automated telephone service by calling 888-209-8124.
When the defendant files an answer to the complaint, a copy of the answer must be provided to the plaintiff. An affidavit of service is then filed as proof that the document was provided to the other party.
If proof of service of the summons has not been filed within 60 days of the complaint's filing, the court may dismiss the action without prejudice.
If substituted or nail and mail service were used, the affidavit of service must be filed with the County Clerk within 20 days of the date of service.
Effective January 1, 2024, notarized affidavits are no longer required for most sworn statements submitted in New York state court. No longer limited to lawyers and doctors, court-filed affirmations are now permissible from any witness.