New York General Business Code § 89-T

Definitions
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§ 89-t. Definitions. For this article, a process server is a person\nother than an attorney or a party to an action acting on his own behalf\nwho:  (a) derives income from the service of papers in an action; or (b)\nhas effected service of process in five or more actions or proceedings\nin the twelve month period immediately preceding the service in\nquestion. A person who serves interlocutory papers upon an attorney or\nwho serves papers on behalf of a federal, state or local governmental\nagency in the course of his employment by such agency shall not be\ndeemed a process server within the meaning of this article by virtue of\nsuch service.\n

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