New York How to Serve Papers When Commencing an Action or Special Proceeding is the legal process of providing legal notice to parties involved in a court hearing or civil action. This process typically involves the delivery of court documents, such as a summons, complaint or subpoena, to the individual or entity that is a party to the action. The types of New York How to Serve Papers When Commencing an Action or Special Proceeding include personal service, service by first-class mail, service by publication, and service by posting. Personal service is the most common type of service and requires that the documents be delivered to the party directly. The documents may be delivered by a process server, sheriff, or by another individual designated by the court. Service by first-class mail requires that the documents be sent to the party at their last known address. The documents must be marked “first class mail,” and the sender must obtain a postal receipt to prove delivery. Service by publication is when the documents are published in a newspaper or other periodical of general circulation. It is typically used in cases where the party cannot be located or is avoiding service. Service by posting requires that the documents be posted in a conspicuous place at the party's residence or business. No matter the type of service, all documents must be served within a certain period of time set by the court. If documents are not served within the required time, the court may dismiss the action or set aside the judgment. Therefore, it is important to ensure that documents are served correctly and in a timely manner.
New York How to Serve Papers When Commencing an Action or Special Proceeding
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A special proceeding can only be used where it is specifically authorized by a statute. There are a number of these, but generally, they relate to challenging the action or determination of a governmental officer or agency. See, Civil Practice Law and Rules (CPLR for short) Article 78.
Or, anyone, like a friend, can serve the papers. But, the person serving the papers must be 18 years old or older. A party can go with the person serving the papers when they are served. In NYC, the person serving the papers is not allowed to serve more than five papers each year.
To commence a special proceeding you need to file the following with the County Clerk's Office: (i) Notice of Petition or Order to Show Cause; (ii) Verified Petition; (iii) Application for Index Number form; and (iv) Request for Judicial Intervention (RJI) form.
In order to properly bring an article 78 proceeding, a petitioner must have first exhausted their administrative remedies (discussed in detail below). Most importantly, an article 78 proceeding must be brought 4 months, or 120 days after a final agency determination.
Article 78 proceedings are lawsuits mainly used to challenge an action (or inaction) by agencies of New York State and local governments. Article 78 proceedings are also sometimes filed against judges, tribunals, boards, and even private companies whose existence is based on statutory authority.
A Special Proceeding provides an abbreviated telephonic hearing for parties with claims of $50,000 or less, exclusive of interest and expenses.
To authorize service of process by e-mail or facsimile transmission in New York, C.P.L.R. § 308 requires the plaintiff to make an ex parte motion. Otherwise, service may be deemed invalid even if the defendant received the summons. The plaintiff must also prove that service under all other methods is impracticable.