N.Y. Comp. Codes R. & Regs. tit. 9 § 5410.2

Current through Register Vol. 46, No. 53, December 31, 2024

Section 5410.2 - Service methods

Service of any notice of hearing or any action of the commission, including without limitation a determination of the commission in an adjudicatory proceeding, directed to a person or entity shall be sufficient if:

(a) delivered to the person or entity to be served;

(b) delivered to a person of suitable age and discretion at the last residential or business address the person or entity to be served provided to the commission;

(c) sent by private delivery services provider to the last residential or business address the person or entity to be served provided to the commission, so long as such provider obtains a signature upon delivery and the delivery is not returned by such provider to the commission;

(d) served on an attorney who represents the person or entity in the matter by first class mail, electronic mail to the last electronic mail address the attorney provided to the commission, or by any other means of communication authorized by such attorney;

(e) mailed by first class mail to the last residential or business address the person or entity to be served provided to the commission and sent by electronic mail to the last electronic mail address the person or entity to be served provided to the commission; or

(f) in such manner as the commission determines, if:

(1) the commission receives actual notice that the methods set forth in subdivision (e) of this section have both resulted in undeliverable service; or

(2) the commission otherwise determines that service pursuant to subdivisions (a) through (e) of this section is impracticable.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5410.2

Adopted New York State Register July 20, 2022/Volume XLIV, Issue 29, eff. 7/20/2022