New York § 85 - 85Service and effect of orders; stay

§ 85. 85Service 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.