§ 2-231 Definitions.
RCNY § 2-231
For the purposes of the application of Subchapter 23 of Chapter 2 of Title 20 of the Administrative Code, the following definitions apply, unless the context indicates otherwise. Bound paginated volume. "Bound paginated volume" means a book or ledger that at the time of purchase contains a specified number of unfolded sheets of paper or other material that are permanently secured to covers by stitching, glue or any other such method that is calculated to make readily discernible the removal or insertion of one or more sheets after the first use of such volume and that that each page in such book or ledger is sequentially numbered starting with the number "1" or contains an indelible label stating the number of pages the volume originally contained. Chronological. "Chronological" with respect to the notation in a process server record or log means that each notation must be entered sequentially according to the time and date of the activity recorded and without leaving any blank spaces between each entry that would allow for the insertion of any additional notation between any two entries. Conspicuous service delivery. "Conspicuous service delivery" means, if permissible by law (e.g., CPLR § 308 or RPAPL § 735): affixing the process to the door of either the actual place of business, dwelling place or usual place of abode within the state of the person to be served; or affixing a copy of the notice and petition upon a conspicuous part of the property sought to be recovered or placing a copy under the entrance door of such premises. Contemporaneous. "Contemporaneous" in relation to entries in records means at or near the time of the event as to which an entry is recorded, or within a reasonable time thereafter. Corporate service. "Corporate service" means service of process on a domestic or foreign corporation in accordance with the provisions of CPLR § 311 or RPAPL § 735; or governmental subdivision (including the City of New York) in accordance with the provisions of CPLR § 311; or a domestic or foreign limited liability company in accordance with the provisions of CPLR § 311-a; or the state in accordance with the provisions of CPLR § 307. Department. "Department" means the New York City Department of Consumer and Worker Protection. Engaged in the business of serving. "Engaged in the business of serving" means the following: (1) Service of five or more processes within the City of New York in any one calendar year; or (2) One who assigns, distributes or delivers processes to another for actual service. Image file. "Image file" in relation to scans of the records kept by process servers or process serving agencies means a file that contains graphic data such that the file is an exact replica of a specific set of data and is saved as a portable data file ("pdf"). Legible. "Legible" with respect to the handwriting in the record kept by process servers and in the scanned or copied images of such record means easily read and discernable in all of its details, and in no way obscured. Partnership service. "Partnership service" means service of process on persons conducting a business as a partnership in accordance with the provisions of CPLR § 310, or on a domestic or foreign limited partnership in accordance with the provisions of CPLR § 310-a. Person. "Person" means any individual, firm, company, partnership, corporation, association or other organization. Personal delivery service. "Personal delivery service" means delivering process within the state to the individual intended to be served process. Portable media device. "Portable media device" as it pertains to electronic record-keeping means an electronic data storage device used to record and store data, such as a flash memory device, CD-ROM or external hard drive. Process. "Process" means a summons, notice of petition, order to show cause, subpoena, notice, citation or other legal paper issued under the laws of the State of New York directing an appearance or response to a legal action, legal proceeding or administrative proceeding; provided, however, that if under the laws of the State of New York the mailing of such legal paper is sufficient to effect service, such legal paper will not be process for the purpose of this subchapter. Process Server. "Process Server" means a person engaged in the business of serving process upon any person, corporation, governmental or political subdivision or agency. Process Serving Agency. "Process serving agency" means any person, firm, partnership, association or corporation, other than an attorney or a law firm located in this state, or city marshal, who maintains an office, bureau or agency, one purpose of which is to assign or distribute process to individual process servers for actual service in the City of New York. Scanning. "Scanning" in relation to electronic record-keeping means the process of translating a document into a digital form that can be recognized by a computer. A "scan" with respect to electronic record-keeping is the image file that is created by scanning. Substituted service. "Substituted service" means delivering process within the state to an individual of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the individual to be served; or, as applicable, on an individual of suitable age and discretion who resides or is employed at the property sought to be recovered. VTL service. "VTL service" means delivering process intended to be served on: (1) a non-resident by service on the Secretary of State as permitted by and in accordance with the provisions of Vehicle and Traffic Law § 253; or (2) residents who departs from the state or on residents' executors or administrators who are nonresidents or who depart from the state as permitted and in accordance with the provisions of Vehicle and Traffic Law § 254. (Amended City Record 9/23/2022, eff. 10/23/2022)
