Legal Question in Family Law in New York
affidavit of service acknowledged out of state
Hi. I am a new attorney who submitted uncontested divorce papers at Queens Supreme Court. They were rejected because the affidavit of service was from a NJ process server who does work in Queens and acknowledged the affidavit in NJ. The Court is asking for a ''certificate of conformity'' and cites CPLR 2309(c): An oath or affimation taken without the state shall be treated as if taken within the state if it is accompanied by such certificate as would be required to entitle a deed acknowledged without the state to be recorded within the state if such deed had been acknowledged before the officer who administered the oath. The affidavit of service already says the process server is ''certified and in good standing in the judicial circut in which process was served.'' I am not getting a response from the clerks or the Court. What does the Court want exactly? Thanks! Once this is solved the divorce matter will go through.
3 Answers from Attorneys
Re: affidavit of service acknowledged out of state
If you require more info re "conformity" and "exemplification" of docs used in this and other jurisdications, the "Notary" or "Certification" Clerk for the State, (where you renew your notary license), found in or attached to most "Supreme" Court buildings, may be more helpful.
Re: affidavit of service acknowledged out of state
You require the out of state process server to go before the Court Clerk in NJ in order to sign the oath that will be accepted in NY, as if signed in NY. It is a "special" type of certification, that includes a raised seal and specific recitations. ( Think Court Exemplified Copies of legal documents, to be used in another jurisdiction). It more than certification or notarializing.
Re Service is also an option, but will start the time running again.
Good luck,
Phroska L. McAlister,ESQ
Re: affidavit of service acknowledged out of state
Fighting with court clerks is like banging your head against the wall, it's not going to get you anywhere and the only one who eventually gets hurt is you. Re-serve the papers with a NY process server, if everything else is in order, this should resolve your problem.
If I can assist you anyway contact me.
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