Service of Process/Process Service – Personal Service Upon an Infant, Incompetent or Conservatee

N.Y. CVP. LAW § 309 : NY Code – Section 309: Service of Process – Personal service upon an infant, incompetent or conservatee

(a) Upon an infant. Service of Process/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. Service of Process/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. Service of Process/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.

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