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In NY, when it comes to a “nail and mail” service of process, is there ANY type case in which such service would be improper?

Q: I had someone try to serve my husband with an Order to Show Cause in a post-divorce matter, in which I seek to relocate out-of-state. Attempts were made before 8 A.M., 4:30 P.M. and 7:45 P.M. on different weekdays. All attempts were unsuccessful. I was wondering if the papers could have been affixed to his door, and copies be sent to him via mail. (Please see “Ask your question” above, also.) Thank you.

A: David’s Answer: Affix-and-mail service may be done in many cases, but only after you’ve made a diligent attempt to serve in the manner the Court prescribes first. If the Court required personal service, then generally a “diligent attempt” includes 1 weekday, 1 weekend & 1 nighttime attempt, all at least 72 hours apart from each other. Schedule a consult with a Westchester Child Custody attorney for a full assessment.

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