New York § 633 - 633Service of notice or process during time of war

§ 633. 633Service of notice or process during time of war

§ 633. Service of notice or process during time of war. Whenever, pursuant to the provisions of this article, any communication, notice or other paper or process is required to be given or served by the superintendent upon any person and the giving or service thereof is in any manner prohibited by the provisions of the act of congress, known as the "Trading with the Enemy Act," or any amendment thereof, or the rules, regulations or licenses issued pursuant thereto, or any other law, rule, regulation or license pursuant to law prohibiting or regulating the same, such communication, notice or other paper or process shall be deemed to have been duly given or served on such person if given or served on his or her behalf, in the manner provided in the pertinent provisions of this article, on the noncitizen property custodian or on such other officer as may have been appointed or designated by the president of the United States of America to take possession of the property of noncitizen enemies. This section shall apply whether or not (1) such noncitizen property custodian or other officer shall actually have taken possession of any property of such person, or (2) the president, or an officer duly designated by him or her for the purpose, has the power to authorize or license the giving or service of any such communication, notice or other paper or process, and nothing herein shall require the superintendent to apply to the president or such officer for such authority or license, provided, however, that in any case where it appears that at the time such communication, notice or other paper or process is required to be given or served, the president or such officer has actually authorized or licensed the giving or service of same in the manner provided in the pertinent provisions of this article, then this section shall not apply and the superintendent shall be required to give or serve such communication, notice or other paper or process on such person in accordance with such authorization or license.