Legislation

§ 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.