Personal service upon a court consisting of three or more judges may be made by delivering the summons to any one of them. Personal service upon a board or commission having a chairman or other presiding officer, secretary or clerk, by whatever official title he is called, may be made by delivering the summons to him. Personal service upon a board or commission of a town or village may also be made by delivering the summons to the clerk of the town or village. Personal service upon any other board or commission shall be made by delivering the summons to any one of the members.
§ 312.Personal service upon a court, board or commission.
Article 3. Jurisdiction and Service, Appearance and Choice of Court · Last amended 1987 · Last verified July 21, 2026
In one sentenceCPLR 312 lets a plaintiff serve a multi-judge court, or a governmental board or commission, by delivering the summons to a single judge, presiding officer, clerk, or member, instead of tracking down every one of them.
Full Text of CPLR 312
Plain-English Summary
CPLR 312 tells a plaintiff how to serve process on a body rather than a person -- a court made up of several judges, or a governmental board or commission. The rule avoids a costly requirement to track down every judge or every board member.
If the court has three or more judges, delivering the summons to any one of them completes service. If a board or commission has a chairman, other presiding officer, secretary, or clerk, delivery to that officer works. A town or village board can also be served by delivering the summons to the town or village clerk. For any other board or commission, delivery to any single member is enough.
The section reaches only the mechanics of delivery -- it doesn't decide whether the court has jurisdiction over the body being sued, or whether the underlying claim against a court, board, or commission is otherwise proper. Plaintiffs suing a governmental board should also check whether a separate statute governing that specific agency sets its own service requirement.
Frequently Asked Questions
Who do I serve if I'm suing a court made up of several judges?
Deliver the summons to any one of the judges on that court. CPLR 312 doesn't require serving every member of a multi-judge court.
How do I serve a government board or commission in New York?
Deliver the summons to the board's chairman, other presiding officer, secretary, or clerk. If none of those officers exists, delivery to any one member of the board or commission is enough.
Can I serve a town or village board through the town or village clerk?
Yes. CPLR 312 allows service on a town or village board or commission by delivering the summons to the clerk of that town or village.
Does serving one board member bind the whole board?
Yes. Section 312 treats delivery to a single qualifying officer or member as service on the entire court, board, or commission.
Does CPLR 312 apply to private corporations?
No. It covers courts, boards, and commissions -- service on corporations is governed separately, by CPLR 311.
Advisory Committee Notes
This section is derived from subd 7 of § 228 and the last two sentences of § 1289 of the CPA. Service on a majority of a court, board or commission altered to allow service on any one judge or member. This change is in accordance with the objective of simplifying service.
Amendment History
Add, L 1962, ch 308, § 1; amd, L 1987, ch 109, § 1, eff June 8, 1987.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: CPLR 312 serviceserving a board or commission New Yorkhow to serve a New York court defendantpersonal service on a government boardservice of process on a commission NYCPLR service on multi-judge court