N.Y. Comp. Codes R. & Regs. tit. 22 § 1963.1

Current through Register Vol. 46, No. 53, December 31, 2024

Section 1963.1 - General

Service of Process and Proof of Service

1. Pursuant to Rule 207.7(c) all proofs of service of process, notices of motion, and orders to show cause, must be filed two days prior to the return date.

2. Counsel shall check with the clerk of the court as to the appropriate date to be entered for return of notice of motion prior to serving and filing.

3. Where, by court order, service of process is permitted by certified or registered mail it is not necessary to file a signed return receipt unless directed by the court. The affidavit of service, however, must include a statement that the mailing was not returned to the sender as undeliverable.

Pleadings and Papers Filed With Court

4. Any pleading or paper supplemental thereto (waiver and consent, renunciation, affidavit, etc.) which is dated more than six months prior to date of filing is considered stale and not accepted for filing by the court.

5. Where it appears that a pleading must be amended, amendment may be accomplished by the affidavit of the petitioner or petitioner's attorney unless directed otherwise by the clerk of the court.

6. No party in interest in a proceeding can act as a notary public for any papers filed in the proceeding.

Status of the Parties; Proof of Kinship

7. Pursuant to Rule 207.17(d) the court will not accept an affidavit of kinship signed by the spouse or issue of a petitioner claiming to be the sole statutory distributee.

8. Pursuant to Rule 207.50 the court will require service of process on an alleged divorced spouse unless either a certified copy of the divorce decree or other acceptable proof of divorce is filed with the petition.

9. The court may also require that where the sole statutory distributee is an alleged surviving spouse, a copy of the marriage certificate be filed with the petition.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 1963.1