The Court Report – Blog

How to Effectuate Positive Change Through Law-Making

July 05, 2024

Process Server’s Perception of “Gender and Race”

As President of the New York State Professional Process Servers Association, Paula Parrino, Esq. reached out to legislative members about the proposed Senate and Assembly bill regarding identification of litigants by process servers on proofs of service (whether it be by affidavit or affirmation). The preamble and history of the bill states that it will be the process server’s perception as to a litigant’s “gender and race” rather than “sex” and “color of skin.” These changes were being proposed in order to be inclusive of all New Yorkers from varying backgrounds. However, the way the bill was originally worded, without knowledge of the history of the reasons for change and the preamble, it could be argued that it is the litigant’s own perception of gender and race instead of the process servers. In order to avoid more confusion and service being contested, Ms. Parrino reached out to both the senate and assembly in order to change the language in the bill and companion bill.

Ms. Parrino achieved success with the Legislative Counsel for Assemblymember Alex Borres, who was the originator of the bill in the assembly and worked with his office to amend the bill’s language so that it is clear that it is the process server’s perception of “gender and race” of the litigant being served. We are proud to have been a part of this very important legislation for process servers in New York State.

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