CPLR 309 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 308 Personal service upon a natural person up ARTICLE 3 Jurisdiction and Service, Appearance and Choice of Court next SECTION 310 Personal service upon a partnership Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 309 Personal service upon an infant, incompetent or conservatee Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 3 § 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.