State Codes and Statutes

Statutes > New-york > Cvp > Article-70 > 7005

§  7005. Service of the writ. A writ of habeas corpus may be served on  any day. Service shall be made by delivering the writ and a copy of  the  petition  to  the  person  to whom it is directed. If he cannot with due  diligence be found, the writ may be served by leaving it and a  copy  of  the  petition  with any person who has custody of the person detained at  the time. Where the person to whom the writ is directed conceals himself  or refuses admittance, the writ may be served by affixing it and a  copy  of  the  petition  in  a  conspicuous place on the outside either of his  dwelling or of the place where the person is detained and mailing a copy  of the writ and the petition to him at such dwelling  or  place,  unless  the  court  which issues the writ determines, for good cause shown, that  such mailing shall be dispensed with, or directs service in  some  other  manner  which  it  finds  reasonably  calculated  to give notice to such  person of the proceeding. If the person detained is in the custody of  a  person  other  than  the one to whom the writ is directed, a copy of the  writ may be served upon the person having such  custody  with  the  same  effect as if the writ had been directed to him.

State Codes and Statutes

Statutes > New-york > Cvp > Article-70 > 7005

§  7005. Service of the writ. A writ of habeas corpus may be served on  any day. Service shall be made by delivering the writ and a copy of  the  petition  to  the  person  to whom it is directed. If he cannot with due  diligence be found, the writ may be served by leaving it and a  copy  of  the  petition  with any person who has custody of the person detained at  the time. Where the person to whom the writ is directed conceals himself  or refuses admittance, the writ may be served by affixing it and a  copy  of  the  petition  in  a  conspicuous place on the outside either of his  dwelling or of the place where the person is detained and mailing a copy  of the writ and the petition to him at such dwelling  or  place,  unless  the  court  which issues the writ determines, for good cause shown, that  such mailing shall be dispensed with, or directs service in  some  other  manner  which  it  finds  reasonably  calculated  to give notice to such  person of the proceeding. If the person detained is in the custody of  a  person  other  than  the one to whom the writ is directed, a copy of the  writ may be served upon the person having such  custody  with  the  same  effect as if the writ had been directed to him.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cvp > Article-70 > 7005

§  7005. Service of the writ. A writ of habeas corpus may be served on  any day. Service shall be made by delivering the writ and a copy of  the  petition  to  the  person  to whom it is directed. If he cannot with due  diligence be found, the writ may be served by leaving it and a  copy  of  the  petition  with any person who has custody of the person detained at  the time. Where the person to whom the writ is directed conceals himself  or refuses admittance, the writ may be served by affixing it and a  copy  of  the  petition  in  a  conspicuous place on the outside either of his  dwelling or of the place where the person is detained and mailing a copy  of the writ and the petition to him at such dwelling  or  place,  unless  the  court  which issues the writ determines, for good cause shown, that  such mailing shall be dispensed with, or directs service in  some  other  manner  which  it  finds  reasonably  calculated  to give notice to such  person of the proceeding. If the person detained is in the custody of  a  person  other  than  the one to whom the writ is directed, a copy of the  writ may be served upon the person having such  custody  with  the  same  effect as if the writ had been directed to him.