When must a pleaded improper-service objection be moved on?

Identify the precise improper-service objection in the served pleading and retain the service proof. This is not sixty days from receipt of the summons.

Confirm the proceeding is outside the consumer-credit and RPAPL 711(1) or (2) exclusions. Distinguish improper service from other jurisdiction objections.

Responsible actor. The party who pleaded that the initiating papers were not properly served. A pleaded improper-service objection outside the consumer-credit and RPAPL 711(1) or (2) exclusions. The actual service of the objecting party’s pleading is established, without an undue-hardship extension.

1. Identify the precise improper-service objection in the served pleading and retain the service proof. This is not sixty days from receipt of the summons.
2. Confirm the proceeding is outside the consumer-credit and RPAPL 711(1) or (2) exclusions. Distinguish improper service from other jurisdiction objections.
3. Exclude the established trigger day and count 60 calendar days forward. Intermediate weekends and public holidays remain in the count. General Construction Law 25-a permits the next succeeding business day for a closed final statutory day.
4. Move for judgment on the pleaded improper-service ground within the period. CPLR 2211 makes a noticed motion when its notice or order to show cause is served. Preserve the completed act.

General Construction Law 20 excludes the event day. Its closed-intervening-day exception applies to an exact two-day period, not to a one-day period. Intermediate weekends and public holidays count in other calendar-day periods. Section 25-a expressly includes statutory periods before which an act is due and permits the next succeeding business day for a closed final day. Rollover can place a backward boundary on the return date; preserve the stated hour and actual court directions. Roberts, a separately identified uncorrected Supreme Court decision concerning opposition to a cross-motion, applied section 25-a to a Sunday boundary before a Monday return. It is corroboration of that final-day treatment, not a different universal briefing rule.

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. Backward presets require an actual open-day return date. 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

A pleaded improper-service objection outside the consumer-credit and RPAPL 711(1) or (2) exclusions. The actual service of the objecting party’s pleading is established, without an undue-hardship extension. Fictitious established event on the input date. A pleaded improper-service objection outside the consumer-credit and RPAPL 711(1) or (2) exclusions. The actual service of the objecting party’s pleading is established, without an undue-hardship extension.

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.

Excluded proceedings

The sixty-day sentence does not apply to proceedings collecting a consumer-credit debt with a consumer defendant, or proceedings under RPAPL 711(1) or (2). No date is supplied for those exclusions.

Undue hardship

The court may extend this period on undue hardship. A claimed difficulty is not an order, and ordinary extension assumptions cannot replace this stated test.

Separate omission waiver

CPLR 3211(e) separately governs waiver if a paragraph (a)(8) or (9) objection is omitted from the motion or pleading. Meeting sixty days does not cure an earlier omission.

Own pleading service

The clock runs after the objecting party serves its pleading. Do not add CPLR 2103 response days merely because that party chose to mail its own pleading.

Opposition proof

Opposition to an improper-service motion must include a copy of proof of service, whether previously filed or not.

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. Backward presets require an actual open-day return date. 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.

• A pleaded improper-service objection outside the consumer-credit and RPAPL 711(1) or (2) exclusions. The actual service of the objecting party’s pleading is established, without an undue-hardship extension.
• The selected date supplies only the disclosed statutory branch. It does not validate the facts or authorize an unmodeled alternative.

• Identify the precise improper-service objection in the served pleading and retain the service proof. This is not sixty days from receipt of the summons.
• Confirm the proceeding is outside the consumer-credit and RPAPL 711(1) or (2) exclusions. Distinguish improper service from other jurisdiction objections.
• Move for judgment on the pleaded improper-service ground within the period. CPLR 2211 makes a noticed motion when its notice or order to show cause is served. Preserve the completed act.
• The sixty-day sentence does not apply to proceedings collecting a consumer-credit debt with a consumer defendant, or proceedings under RPAPL 711(1) or (2). No date is supplied for those exclusions.
• The court may extend this period on undue hardship. A claimed difficulty is not an order, and ordinary extension assumptions cannot replace this stated test.
• CPLR 3211(e) separately governs waiver if a paragraph (a)(8) or (9) objection is omitted from the motion or pleading. Meeting sixty days does not cure an earlier omission.
• The clock runs after the objecting party serves its pleading. Do not add CPLR 2103 response days merely because that party chose to mail its own pleading.
• Opposition to an improper-service motion must include a copy of proof of service, whether previously filed or not.
• 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.