Noel B. v. Anna Maria A., Docket No. F-00787-13/14B (N.Y. Fam. Ct. Sept. 12, 2014)
After Petitioner’s effort to serve action to Respondent’s physical address failed, a New York family court Judge authorized substituted service of process via Facebook social networking service.
According to the decision, Petitioner was unable to serve an action seeking to modify the order of child support.
The Court concluded
“despite the absence of a physical address, the Petitioner does have a means by which he can contact the Respondent and provide her with notice of the instant proceedings, namely the existence of an active social media account…
Pursuant to CPLR § 308(5) the court authorizes substituted service by the following method: the Petitioner is to send a digital copy of the summons and petition to the Respondent via the Facebook account, and follow up with a mailing of those same documents to the previously used last known address. The Respondent can receive communications via social media, whereas her actual physical whereabouts are uncertain. The method detailed here by the court provides the best chance of the Respondent getting actual notice of these proceedings.”
Full decision available here
September 12, 2014
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