§ 1-04 Service of Papers.
RCNY § 1-04
(a)Who can serve papers. Except where otherwise prescribed by law or an order of the Commission or of a court, papers may be served by any person of the age of eighteen years or over.
(b)Parties to be Served. Each paper served on any party must be served on every other party who has appeared.
(c)Service on persons represented by counsel. Whenever a person required to be served with a paper pursuant to these rules has duly informed the Commission pursuant to 47 RCNY § 1-15 that such person is represented by counsel, service must be made on the person's counsel in lieu of service on the person unless, consistent with the New York Rules of Professional Conduct, the person seeking to make service has reason to conclude that the person to be served is not in fact represented by counsel. Notwithstanding the foregoing, in addition to serving administrative notices on a represented person's counsel, the Commission may also serve such notices the on the person.
(d)Methods of service.
(1)Papers other than subpoenas. A paper other than a subpoena is served under this rule by: (i) handing it to the person; (ii) mailing it to the person's last known address, unless the serving party has reason to know that the person to be served no longer resides there. Service by mail is effective: i. five days from the date of mailing, if sent by first class mail. ii. one day from the date of mailing, if sent by overnight delivery. iii. for purposes of calculating deadlines for filing in state court, on the date of mailing. For example, the deadline for filing an appeal in state court should be calculated from the date of mailing of the decision that is the subject of the appeal.
(iii)leaving it: i. at the person's office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or ii. if the person has no office or the office is closed, at the person's dwelling or usual place of abode with someone of suitable age and discretion who resides there; (iv) sending it by email or facsimile, provided that either the person is represented by counsel and the papers are served on the attorney, or the person has provided written consent to such service pursuant to 47 RCNY § 1-04(f). Service by email or facsimile is complete at the time of transmission, but is not effective if the serving party learns that it did not reach the person to be served; (v) for service on corporations or other business entities, mailing it to the person registered with the New York State Department of State to receive service on behalf of the corporation or business entity or by serving the New York Department of State in accordance with applicable law; or (vi) if no other method of service is effective, as specified in an order by the Chair.
(2)Subpoenas. A subpoena must be served in the manner provided for in the New York Civil Practice Law and Rules ("CPLR").
(e)Proof of Service. For purposes of this chapter, proof of service may include a written declaration, affidavit, affirmation, certification, or other statement made under penalty of perjury, specifying the papers served, the person who was served and the date, address, or, in the event there is no address, place and manner of service, and setting forth facts showing that the service was made by an authorized person and in an authorized manner.
(f)Consent to email or facsimile service. An unrepresented party who consents to service by email or facsimile must provide written notice to all other parties, including the case name, case number, and the email address or facsimile number through which the party consents to accept service. Written consent to service by email or facsimile will remain in effect unless the consenting party provides unambiguous notice that consent is being withdrawn. Counsel appearing on behalf of a party are presumed to have consented to service by email, absent an express statement to the contrary.
(g)Service by email.
(h)Parties' obligation to provide notice of changes in contact information and changes in counsel. All parties have a continuing obligation to promptly advise the Commission of any changes in contact information or in representation by counsel. Notice of changes in contact information or in representation must also be promptly provided to all other parties.
(i)Time for service of complaints. A complaint must be served on each respondent within 120 days after it is filed. Claims against a respondent who is not timely served must be dismissed without prejudice, unless the Law Enforcement Bureau determines that good cause exists for an extension of the service deadline. (Added City Record 8/6/2019, eff. 9/5/2019)
