2019 New York Laws
PBS - Public Service
Article 1 - The Department of Public Service
23 - Service and Effect of Orders; Stay.

Universal Citation: NY Pub Serv L § 23 (2019)

§ 23. Service and effect of orders; stay. 1. Every order of the commission shall be served upon every person or corporation to be affected thereby by electronic service in a manner and format provided for in regulations established by the commission or alternatively, if non-electronic service is requested by such person or corporation, either by personal delivery of a copy thereof, or by the mailing of 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. The commission shall provide, upon request, a certified copy thereof or a copy thereof bearing the seal of the commission. Within a time specified in the order of the commission every person and corporation upon whom it is served must if so required in the order notify the commission, 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 commission 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 commission, unless such order be unauthorized by this chapter or any other act or be in violation of a provision of the constitution of the state or of the United States.

2. No order staying or suspending an order of the commission 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 commission 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.

3. Notwithstanding the provisions of subdivision one of this section, the commission, or a person designated by the commission to act in its place, may, verbally or in writing, order a public utility company or municipality to initiate, continue or restore service to a residential customer, whenever a reasonable question regarding the circumstances of a termination or refusal of service exists, whenever a dispute with respect to utility charges or service is pending, or whenever termination or refusal of service is likely to affect a person's health and safety; provided that, a verbal order shall be confirmed by the commission or its designee by sending within five business days a written notice to the utility. The commission shall issue regulations implementing this section.


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