2006 New York Code - Service And Effect Of Orders; Stay.



 
    § 85. Service and effect of orders; stay.
    1.  Every  order of the commissioner shall be served upon every person
  or corporation to be affected thereby, either by personal delivery of  a
  copy  thereof;  or  by  mailing a copy thereof, in a sealed package with
  postage prepaid, to the person to be affected thereby or, in the case of
  a corporation, to any officer or agent thereof upon whom a  summons  may
  be  served  in  accordance with the provisions of the civil practice law
  and rules. Within a time specified in  the  order  of  the  commissioner
  every  person and corporation upon whom it is served must if so required
  in the order notify the commissioner, in writing, whether the  terms  of
  the  order  are  accepted  and  will  be  obeyed  and  in  the case of a
  corporation such notification shall be  signed  and  acknowledged  by  a
  person  or  officer  duly  authorized by the corporation to execute such
  acceptance and agreement. Every order of  the  commissioner  shall  take
  effect  at  a  time therein specified and shall continue in force either
  for a period which  may  be  designated  therein  or  until  changed  or
  abrogated by the commissioner, unless such order be unauthorized by this
  chapter or any other act or be in violation of law.
    2.  No order staying or suspending an order of the commissioner fixing
  any rate, fare or charge or joint rate, fare or charge shall be made  by
  the  supreme  court otherwise than upon notice and after hearing; and if
  the order of the commissioner is suspended,  the  order  suspending  the
  same  shall  contain a specific finding based upon evidence submitted to
  the  court  and  identified  by  reference  thereto,  that   great   and
  irreparable   damage  would  otherwise  result  to  the  petitioner  and
  specifying the nature of the damage.

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