Section 85. Service and effect of orders; stay  


Latest version.
  • 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.