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New York General Business - Article 8 - § 89-U Process Server Records, Penalties

Legal Research Home > New York Laws > New York General Business (GBS) > New York General Business - Article 8 - § 89-U Process Server Records, Penalties


General Business 
 
    §  89-u.  Process  server  records,  penalties. 1. Each process server
  shall maintain a legible record of all service made by him as prescribed
  in this section.
    2.  The  record  to  be  maintained  shall   include   the   following
  information, where applicable:
    a. the title of the action;
    b. the name of the person served, if known;
    c. the date and approximate time service was effected;
    d. the address where service was effected;
    e. the nature of the papers served;
    f. the court in which the action has been commenced;
    g. the index number of the action, if known.
    3.  If service is effected pursuant to subdivisions one, two, or three
  of section three hundred eight of the civil practice law and rules,  the
  record  shall  also  include  the  description  of  the  person  served,
  including,  but  not  limited  to,  sex,  color  of  skin,  hair  color,
  approximate age, height and weight and other identifying features.
    4.  If  service  is  effected  pursuant to subdivision four of section
  three hundred eight of the civil practice  law  and  rules,  the  record
  shall  also  include  the dates, addresses and time of attempted service
  pursuant to subdivisions one, two or three of such section.
    5. If the process server files an affidavit of service with the court,
  his record shall include the date of such filing.
    6. Process servers shall retain each record required to be kept  under
  this article for a period of two years from the date of service. Where a
  process  server is employed as a process server by any person, a copy of
  such records shall also be maintained by such person  at  his  principal
  office in this state for the same period.
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Last modified: March 6, 2013