SCPA § 301

Statute of limitations (a) For the purpose of computing the period of limitation under article two of the civil practice law and rules, a... · as in force on May 31, 2026

§ 301. Statute of limitations

(a) For the purpose of computing the period of limitation under article two of the civil practice law and rules, a proceeding is commenced upon the filing of a petition, provided process is issued and service made upon any respondent within one hundred twenty days after the date of the filing of the petition, except that when process is served by publication, the first publication be made within one hundred twenty days of the filing of the petition.

(b) If a proceeding is dismissed for failure to effect proper service, the petitioner may commence a new proceeding, despite the expiration of the statute of limitations after the commencement of the original proceeding, based upon the same instrument, transaction or occurrence or transactions or occurrences within one hundred twenty days of such dismissal provided that service is effected within such one hundred twenty day period.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/301

In plain English

Filing starts the proceeding for limitations purposes, but timely service must follow.

(a) A proceeding begins when the petition is filed if process is issued and any respondent is served within 120 days after filing; for publication, the first publication must occur within 120 days. ★
(b) After dismissal for improper service, the petitioner may restart the same matter within 120 days after dismissal despite an expired limitation period, if service is completed within that same 120-day period. ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 2 — The Surrogate's Court Procedure Act; Volume 5 — Your Career: Surrogate's Court in Plain English.