N.Y. CPLR § 7005

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 7005 Service of the writ § 7005. Service of the writ. A writ of habeas corpus may be served onany day. Service shall be made by delivering the writ and a copy of thepetition to the person to whom it is directed. If he cannot with duediligence be found, the writ may be served by leaving it and a copy ofthe petition with any person who has custody of the person detained atthe time. Where the person to whom the writ is directed conceals himselfor refuses admittance, the writ may be served by affixing it and a copyof the petition in a conspicuous place on the outside either of hisdwelling or of the place where the person is detained and mailing a copyof the writ and the petition to him at such dwelling or place, unlessthe court which issues the writ determines, for good cause shown, thatsuch mailing shall be dispensed with, or directs service in some othermanner which it finds reasonably calculated to give notice to suchperson of the proceeding. If the person detained is in the custody of aperson other than the one to whom the writ is directed, a copy of thewrit may be served upon the person having such custody with the sameeffect as if the writ had been directed to him.