N.Y. Civil Practice Law & Rules Section 309
Personal service upon an infant, incompetent or conservatee

(a)

Upon an infant. Personal service upon an infant shall be made by personally serving the summons within the state upon a parent or any guardian or any person having legal custody or, if the infant is married, upon an adult spouse with whom the infant resides, or, if none are within the state, upon any other person with whom he resides, or by whom he is employed. If the infant is of the age of fourteen years or over, the summons shall also be personally served upon him within the state.

(b)

Upon a person judicially declared to be incompetent. Personal service upon a person judicially declared to be incompetent to manage his affairs and for whom a committee has been appointed shall be made by personally serving the summons within the state upon the committee and upon the incompetent, but the court may dispense with service upon the incompetent.

(c)

Upon a conservatee. Personal service on a person for whom a conservator has been appointed shall be made by personally serving the summons within the state upon the conservator and upon the conservatee, but the court may dispense with service upon the conservatee.

Source: Section 309 — Personal service upon an infant, incompetent or conservatee, https://www.­nysenate.­gov/legislation/laws/CVP/309 (updated Sep. 22, 2014; accessed Feb. 21, 2026).

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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Verified:
Feb. 21, 2026

Last modified:
Sep. 22, 2014

§ 309. Personal service upon an infant, incompetent or conservatee's source at nysenate​.gov

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