New York State Court Clerk Practice Exam

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Under CPLR 318, what event can revoke an agent's designation for service?

Revocation filing

Judicial declaration of incompetency

Death of the agent

All of the above

Under CPLR 318, several events can lead to the revocation of an agent's designation for service. When an agent is designated to accept service of process, this designation is not permanent and can be revoked under certain circumstances.

Filing a revocation is a straightforward process that formally informs the court and involved parties that the agent is no longer authorized to accept service. This is a standard practice for updating the court records and ensuring that any legal documents are served to the intended individuals.

A judicial declaration of incompetency serves as a compelling reason for revocation as it legally determines that the agent is no longer capable of fulfilling their role effectively due to incapacity. This ensures that service is directed to an individual who can competently handle legal documents.

The death of the agent automatically revokes the agency, as an agent must be a living person able to respond to service. Upon the agent's passing, they can no longer perform the duties associated with the designation.

Considering these actions collectively, it is evident that all of them provide valid grounds for revoking an agent's designation for service under CPLR 318.

Thus, the correct answer encompasses all the mentioned events, highlighting the importance of maintaining accurate and up-to-date information regarding agents designated for service in

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