New York Consolidated Laws, General Business Law - GBS § 89-bb. Definitions

1. A “process server” is a person, other than an attorney or a party to an action acting on his own behalf, who:  (a) derives income from the service of papers in an action;  or (b) has effected service of process in five or more actions or proceedings in the twelve month period immediately preceding the service in question.  A person who serves interlocutory papers upon an attorney or who serves papers on behalf of a federal, state or local governmental agency in the course of his employment by such agency shall not be deemed a process server within the meaning of this article by virtue of such service.

2. A “process serving agency” is any person, firm, partnership, association or corporation, other than an attorney or a law firm located in this state, who, as owner, manager or contractor, maintains an office, bureau or agency for the purpose of assigning or distributing process to individual process servers for actual service.