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New York · Through 2026-09-11

N.Y. Public Service Law § 23: Service and effect of orders; stay

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Where this section sits in the code
  1. Public Service Law
  2. Article 1. The Department of Public Service

§ 23. Service and effect of orders; stay. 1. Every order of the

commission shall be served upon every person or corporation to be

affected thereby by electronic service in a manner and format provided

for in regulations established by the commission or alternatively, if

non-electronic service is requested by such person or corporation,

either by personal delivery of a copy thereof, or by the mailing of 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. The commission shall

provide, upon request, a certified copy thereof or a copy thereof

bearing the seal of the commission. Within a time specified in the order

of the commission every person and corporation upon whom it is served

must if so required in the order notify the commission, 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 commission

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 commission, unless such order be

unauthorized by this chapter or any other act or be in violation of a

provision of the constitution of the state or of the United States.

2. No order staying or suspending an order of the commission 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 commission 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.

3. Notwithstanding the provisions of subdivision one of this section,

the commission, or a person designated by the commission to act in its

place, may, verbally or in writing, order a public utility company or

municipality to initiate, continue or restore service to a residential

customer, whenever a reasonable question regarding the circumstances of

a termination or refusal of service exists, whenever a dispute with

respect to utility charges or service is pending, or whenever

termination or refusal of service is likely to affect a person's health

and safety; provided that, a verbal order shall be confirmed by the

commission or its designee by sending within five business days a

written notice to the utility. The commission shall issue regulations

implementing this section.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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