N.Y. Abandoned Property Law § 400: Unclaimed deposits and refunds for utility services

§ 400. Unclaimed deposits and refunds for utility services. 1. The

following unclaimed moneys held or owing by a gas corporation, an

electric corporation, a gas and electric corporation, a district steam

corporation, an energy services company, a telegraph corporation, a

telephone corporation, a telegraph and telephone corporation, or a

waterworks corporation, shall be deemed abandoned property:

(a) Any deposit made by a consumer or subscriber with such a

corporation or ESCO to secure the payment for utility services furnished

by such corporation or ESCO, or the amount of such deposit after

deducting any sums due to such corporation or ESCO by such consumer or

subscriber, together with any interest due thereon, which shall have

remained unclaimed by the person or persons appearing to be entitled

thereto for two years after the termination of the utility services to

secure the payment of which such deposit was made, or, if during such

two year period utility services are furnished by such corporation or

ESCO to such consumer or subscriber and such deposit is held by such

corporation or ESCO to secure payment therefor, for two years after the

termination of such utility services.

(b) Any amount paid by a consumer or subscriber to such a corporation

or ESCO in advance or in anticipation of utility services furnished or

to be furnished by such corporation or ESCO which in fact is not

furnished, after deducting any sums due to such corporation or ESCO by

such consumer or subscriber for utility services in fact furnished,

which shall have remained unclaimed by the person or persons appearing

to be entitled thereto for two years after the termination of the

utility services for which such amount was paid in advance or in

anticipation, or, if during such period utility services are furnished

by such corporation or ESCO to such consumer or subscriber and such

amount is applied to the payment in advance or in anticipation of such

utility services, for two years after the termination of such utility

services.

(c) The amount of any refund of excess or increased rates or charges

heretofore or hereafter collected by any such corporation or ESCO for

utility services lawfully furnished by such corporation or ESCO which

has been or shall hereafter lawfully be ordered refunded to a consumer

or other person or persons entitled thereto, together with any interest

due thereon, less any lawful deductions, which shall have remained

unclaimed by the person or persons entitled thereto for two years from

the date it became payable in accordance with the final determination or

order providing for such refund.

2. Any such abandoned property held or owing by such a corporation or

ESCO to which the right to receive the same is established to the

satisfaction of such corporation or ESCO shall cease to be deemed

abandoned.