CPLR 306-b permits a court to dismiss a proceeding without prejudice or extend the time for service for good cause shown or in the interest of justice. Good cause and interest of justice are two separate and independent statutory standards. To establish good cause, a petitioner must demonstrate reasonable diligence in attempting service. The more flexible interest of justice standard accommodates late service that might be due to mistake, confusion, or oversight, so long as there is no prejudice to the respondent. In deciding whether to extend time in the interest of justice, the court may consider diligence, or lack thereof, along with other factors including the expiration of the statute of limitations, the meritorious nature of the proceeding, the length of delay in service, the promptness of the petitioner's seeking an extension, and prejudice to the respondent. The determination of whether to grant the extension in the interest of justice is within the discretion of the motion court.
Matter of Davis v. ACS-Kings, NY Slip Op 06860 (2d Dep't December 10, 2025)
