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This entry was published on 2014-09-22
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SECTION 85
Service and effect of orders; stay
Transportation (TRA) CHAPTER 61-A, ARTICLE 3
§ 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.