The Queens County Surrogate’s Court does not require “nail and mail” as an initial means of substitute service upon New York domiciliary natural persons, requiring only service by USPS certified mail as an alternative method of service.
In a recent case I had before the Queens Surrogate, I was unable to effectuate personal service upon a person interested who was domiciled in the state of New York. When I submitted my affirmation and proposed order requesting substitute service via “nail and mail”, the Court advised me that the request for substitute service should be via USPS certified mail and provided a copy of its form order.
Pursuant to Surrogate’s Court Procedure Act (“SCPA”) § 307(3), as an alternative to personal service upon New York domiciliaries, “service may be made in the manner directed by the court; but such service…shall not be ordered upon a domiciliary natural person unless it be shown that, with due diligence, service by personal delivery within the state [of New York] cannot be effected, or where for good cause shown, personal service within the state would be impracticable.”
Per SCPA § 307(3)(b), the court “may” direct service by “certified mail with or without return receipt requested” along with a variety of other unlimited methods.
My personal experience in all NYC Surrogate’s Courts is that substitute service is to initially be effectuated by “nail and mail” pursuant to SCPA § 307(3)(c) and CPLR § 308(2), which in theory is more likely to reach the person interested than USPS certified mail because the citation would be attached to the door of their home and mailed to them.
However, as explained above, the statute allows service via USPS certified mail so long as it is shown that “with due diligence, service by personal delivery within the state cannot be effected, or where for good cause shown, personal service within the state would be impracticable”.
Queens’s rule makes it much easier, and more cost effective, to effectuate alternative service upon domiciliary natural persons.