§ 85 — Service and effect of orders; stay

New York § 85

• Jurisdiction: New York
• Law TRA: Transportation
• Art. 3: Jurisdiction of Commissioner; Proceedings Before Commissioner; Recovery of Penalties; Court Preferences; Fees

Text

§ 85. Service and effect of orders; stay.\n 1. Every order of the commissioner shall be served upon every person\nor corporation to be affected thereby, either by personal delivery of a\ncopy thereof; or by mailing a copy thereof, in a sealed package with\npostage prepaid, to the person to be affected thereby or, in the case of\na corporation, to any officer or agent thereof upon whom a summons may\nbe served in accordance with the provisions of the civil practice law\nand rules. Within a time specified in the order of the commissioner\nevery person and corporation upon whom it is served must if so required\nin the order notify the commissioner, in writing, whether the terms of\nthe order are accepted and will be obeyed and in the case of a\ncorporation such notification shall be signed and acknowledged by a\nperson or officer duly authorized by the corporation to execute such\nacceptance and agreement. Every order of the commissioner shall take\neffect at a time therein specified and shall continue in force either\nfor a period which may be designated therein or until changed or\nabrogated by the commissioner, unless such order be unauthorized by this\nchapter or any other act or be in violation of law.\n 2. No order staying or suspending an order of the commissioner fixing\nany rate, fare or charge or joint rate, fare or charge shall be made by\nthe supreme court otherwise than upon notice and after hearing; and if\nthe order of the commissioner is suspended, the order suspending the\nsame shall contain a specific finding based upon evidence submitted to\nthe court and identified by reference thereto, that great and\nirreparable damage would otherwise result to the petitioner and\nspecifying the nature of the damage.\n