N.Y. Civil Practice Law & Rules Section 306
Proof of service

(a)

Generally. 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.

(b)

Personal service. Whenever service is made pursuant to this article by delivery of the summons to an individual, proof of service shall also include, in addition to any other requirement, a description of the person to whom it was so delivered, including, but not limited to, the process server’s perception of the person’s: gender, race, hair color, approximate age, approximate weight and height, and other identifying features.

(c)

Other service. Where service is made pursuant to subdivision four of § 308 (Personal service upon a natural person)section three hundred eight of this chapter, proof of service shall also specify the dates, addresses and the times of attempted service pursuant to subdivisions one, two or three of such section.

(d)

Form. Proof of service shall be in the form of a certificate if the service is made by a sheriff or other authorized public officer, in the form of an affidavit if made by any other person, or in the form of a signed acknowledgement of receipt of a summons and complaint, or summons and notice or notice of petition as provided for in section 312-a of this article.

(e)

Admission of service. A writing admitting service by the person to be served is adequate proof of service.

Source: Section 306 — Proof of service, https://www.­nysenate.­gov/legislation/laws/CVP/306 (updated Nov. 29, 2024; accessed Dec. 21, 2024).

301
Jurisdiction over persons, property or status 302
Personal jurisdiction by acts of non-domiciliaries 303
Designation of attorney as agent for service 304
Method of commencing action or special proceeding 305
Summons 306
Proof of service 306‑A
Index number in an action or proceeding commenced in supreme or county court 306‑B
Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or or... 306‑C
Notice of commencement of action for personal injuries by recipient of medical assistance 306‑D
Additional mailing of notice in an action arising out of a consumer credit transaction 307
Personal service upon the state 308
Personal service upon a natural person 309
Personal service upon an infant, incompetent or conservatee 310
Personal service upon a partnership 310‑A
Personal service upon a limited partnership 311
Personal service upon a corporation or governmental subdivision 311‑A
Personal service on limited liability companies 312
Personal service upon a court, board or commission 312‑A
Personal service by mail 313
Service without the state giving personal jurisdiction 314
Service without the state not giving personal jurisdiction in certain actions 315
Service by publication authorized 316
Service by publication 317
Defense by person to whom summons not personally delivered 318
Designation of agent for service 320
Defendant’s appearance 321
Attorneys 322
Authority for appearance of attorney in real property action 325
Grounds for removal 326
Procedure on removal 327
Inconvenient forum 328
Assistance to tribunals and litigants outside the state
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Accessed:
Dec. 21, 2024

Last modified:
Nov. 29, 2024

§ 306’s source at nysenate​.gov

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