When must a New York summons be served after filing?

Identify the accepted filing that commenced this particular action under CPLR 304. Use the clerk’s filing record, not drafting, index-number purchase alone or later service.

Establish that the ordinary 120-day branch applies. This preset excludes the four-month-or-shorter limitation branch, election proceedings, third-party practice and commencement through a court’s emergency signing order.

Responsible actor. The plaintiff or petitioner arranging valid service on this defendant. An ordinary CPLR 304 filing and the 120-day CPLR 306-b branch only. No short limitation branch, third-party summons, exceptional commencement, granted extension or different order is assumed.

1. Identify the accepted filing that commenced this particular action under CPLR 304. Use the clerk’s filing record, not drafting, index-number purchase alone or later service.
2. Establish that the ordinary 120-day branch applies. This preset excludes the four-month-or-shorter limitation branch, election proceedings, third-party practice and commencement through a court’s emergency signing order.
3. Exclude the established event day and count 120 calendar days forward. Intermediate weekends and public holidays count. General Construction Law 25-a permits the next succeeding business day for a closed final statutory day.
4. Complete legally valid service of the required initiating papers on this defendant. Preserve the process-server evidence and any required proof filing. Filing the action alone does not serve the defendant.

General Construction Law 20 excludes the established event day. Intermediate Saturdays, Sundays and public holidays count in these fifteen-, twenty-, sixty- and 120-day calendar periods. Section 25-a permits the next succeeding business day for a closed final statutory day and expressly includes a period before which an act is required. The backward notice-to-admit boundary still requires the actual trial date and separate opening condition.

The independently derived 2026 and 2027 calendar follows General Construction Law 24 and Election Law 8-100. It includes Lincoln’s Birthday, Flag Day on the second Sunday in June, Juneteenth, general election day and the other specified holidays. Section 24 adds the next day when a listed holiday falls on Sunday, except Flag Day. A Saturday holiday is not automatically observed on Friday under this provision. Additional appointed holidays and actual court or system closures require separate proof.

These calculators cover established events and final dates within January 1, 2026 through December 31, 2027. They require the disclosed statutory branch, independently valid service, no unsupported method addition, no different actual court order and no additional closure. The backward notice-to-admit preset requires an actual open-day trial date and an independently established opening condition. Earlier editions, the 2020 executive-order toll and dates beyond the retained calendar require separate review and receive no computed or paid date. This software coverage boundary does not establish that an actual act is late.

Fictitious example

An ordinary CPLR 304 filing and the 120-day CPLR 306-b branch only. No short limitation branch, third-party summons, exceptional commencement, granted extension or different order is assumed. Fictitious established event on the input date. An ordinary CPLR 304 filing and the 120-day CPLR 306-b branch only. No short limitation branch, third-party summons, exceptional commencement, granted extension or different order is assumed.

Fictitious established facts. The result does not prove valid service, the required exception, actual filing, preserved jurisdiction or a granted court extension. The applicable hour and actual court directions remain separate checks.

Short limitation period

Except for Election Law proceedings, an applicable limitation period of four months or less uses service no later than fifteen days after that period expires. Establish that expiry separately.

Actual commencement

CPLR 304 specifies filing of a summons and complaint or summons with notice for an action, and a petition for a special proceeding. Its exceptional signing-order branch has different facts and is excluded.

Valid initial service

CPLR 2103 concerns papers in a pending action. Its mail response additions do not add days to this filing-based initial-service period. The proper method for serving this defendant remains a separate legal check.

Discretionary extension

CPLR 306-b gives the court good-cause and interest-of-justice grounds. Braun identifies them as independent standards and explains the broader balancing test. No court extension is automatically added.

Edition and calendar coverage

These calculators cover established events and final dates within January 1, 2026 through December 31, 2027. They require the disclosed statutory branch, independently valid service, no unsupported method addition, no different actual court order and no additional closure. The backward notice-to-admit preset requires an actual open-day trial date and an independently established opening condition. Earlier editions, the 2020 executive-order toll and dates beyond the retained calendar require separate review and receive no computed or paid date. This software coverage boundary does not establish that an actual act is late.

• An ordinary CPLR 304 filing and the 120-day CPLR 306-b branch only. No short limitation branch, third-party summons, exceptional commencement, granted extension or different order is assumed.
• The selected date supplies only the disclosed statutory branch. It does not validate the facts or authorize an unmodeled alternative.

• Identify the accepted filing that commenced this particular action under CPLR 304. Use the clerk’s filing record, not drafting, index-number purchase alone or later service.
• Establish that the ordinary 120-day branch applies. This preset excludes the four-month-or-shorter limitation branch, election proceedings, third-party practice and commencement through a court’s emergency signing order.
• Complete legally valid service of the required initiating papers on this defendant. Preserve the process-server evidence and any required proof filing. Filing the action alone does not serve the defendant.
• Except for Election Law proceedings, an applicable limitation period of four months or less uses service no later than fifteen days after that period expires. Establish that expiry separately.
• CPLR 304 specifies filing of a summons and complaint or summons with notice for an action, and a petition for a special proceeding. Its exceptional signing-order branch has different facts and is excluded.
• CPLR 2103 concerns papers in a pending action. Its mail response additions do not add days to this filing-based initial-service period. The proper method for serving this defendant remains a separate legal check.
• CPLR 306-b gives the court good-cause and interest-of-justice grounds. Braun identifies them as independent standards and explains the broader balancing test. No court extension is automatically added.
• In the applicable Supreme Court NYSCEF program, rule 202.5-b(d)(3)(i) permits transmission day or night and identifies recorded transmission with required fee information or permitted actual later payment as the filing event. Interlocutory service under (f)(2) depends on the transmitted NYSCEF notification reaching the proper participating addresses. Filing initiating papers does not itself establish defendant service. Under (h)(2), the clerk’s entry notification is not party service of notice of entry. Preserve the actual document, proof, timestamp, fee event, recipients and court requirements. Paper filing requires the applicable office procedure and receipt. The qualifying technical-failure and emergency hard-copy branches in (i) and (d)(1)(iii) require their actual conditions and later electronic filing; they are not presumed here.