New York State Court Clerk Practice Exam 2026 – The All-in-One Guide to Master Your Court Clerk Certification!

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In what manner must a Notice of Petition and Petition be served according to CPLR 402?

By mail

In person

In the same manner as a summons

The correct manner of serving a Notice of Petition and Petition is outlined under the New York Civil Practice Law and Rules (CPLR) 402, which states that it must be done in the same manner as a summons. This means that the service must follow the same procedural rules established for serving a summons, ensuring that the party being served receives proper notice of the legal action being initiated against them. This requirement is in place to ensure that the defendant has sufficient opportunity to respond and prepare for the legal proceedings, thereby upholding the principles of fair play and justice in the legal process.

The other options do not align with the specific requirements set forth in CPLR 402. Service by mail, in person, or by email, while they are methods of serving documents, do not conform to the mandatory stipulations for serving a Notice of Petition and Petition found in direct reference to the service of summonses as noted in the CPLR.

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