CPLR 306-B — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 306-A Index number in an action or proceeding commenced in supreme or county court up ARTICLE 3 Jurisdiction and Service, Appearance and Choice of Court next SECTION 306-C Notice of commencement of action for personal injuries by recipient of medical assistance Viewing most recent revision (from 2026-04-24) View historical revision as of: -- Choose a Date -- 2026-04-24 2026-02-27 2014-09-22 Share Facebook Email SECTION 306-B Service of the summons and complaint, summons with notice, or petition with a notice of petition or order to show cause Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 3 § 306-b. Service of the summons and complaint, summons with notice, or petition with a notice of petition or order to show cause. Service of the summons and complaint, summons with notice, or petition with a notice of petition or order to show cause shall be made within one hundred twenty days after the commencement of the action or proceeding, provided that in an action or proceeding, except a proceeding commenced under the election law, where the applicable statute of limitations is four months or less, service shall be made not later than fifteen days after the date on which the applicable statute of limitations expires. If service is not made upon a defendant within the time provided in this section, the court, upon motion, shall dismiss the action without prejudice as to that defendant, or upon good cause shown or in the interest of justice, extend the time for service.