§ 2-236 Duty to Report Hearings Contesting Service.
RCNY § 2-236
(a)Whenever a process server or process serving agency receives any type of notice, including an oral communication, that a court has scheduled a hearing to determine whether service of process made or assigned by such licensee was effective, the licensee must submit a report to the Department in the manner designated by the Department on its website within ten days of receiving such notice. Such written report must include: (1) the title and index number of the action; (2) the court and the judge before whom the hearing is scheduled; (3) the date(s) of the hearing; and (4) the name and license number of every licensee who effected service or assigned or distributed the process for service.
(b)On request, such licensee must provide copies of all records, including but not limited to, routing sheets, the pages of the licensee's log book for each day on which service of the process in issue was attempted or effected, and all affidavits of service and affirmations of service, pertaining to the contested service.
(c)(1) The licensee must attempt to learn the result of such hearing, including any judicial order or voluntary settlement resolving the challenge to service of process, by making a written or email request to the party on whose behalf the challenged service of process was made or the party's attorney for a written report of the result of the hearing. Sixty days after the date of the scheduled hearing, if the party or its attorney has not provided to the licensee a written report of the result of such hearing, the licensee must search for the result in the file in the office of the clerk of the court where such hearing was scheduled to occur. If the clerk's file does not contain a result sixty days after the hearing, the licensee must search for the result in the clerk's file ninety days after the scheduled date of such hearing.
(2)The licensee must report to the Department in the manner designated by the Department on its website (i) within ten days of learning the result, or (ii) that it made attempts to learn the result and was unable to do so not later than one-hundred days after the scheduled date of such hearing. (Amended City Record 9/23/2022, eff. 10/23/2022; amended City Record 12/31/2024, eff. 3/1/2025)
