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What is NYC AC § 17-146?

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This section outlines the process for a party to apply for a stay or modification of an order within three days of service. The board is required to temporarily suspend or modify the order unless there is an imminent public health peril. Applies to parties involved in board orders.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 17-146 Stay of execution; modification.

AC § 17-146

If any party, within three days after service or attempted service of such order upon him or her and before its execution is commenced, shall apply to the board, or the chairperson thereof, to have such order or its execution stayed or modified, it shall then be the duty of the board to temporarily suspend or modify it at the execution thereof, save in cases of imminent peril to the public health, when the board may exercise extraordinary powers, as specified in section five hundred sixty-three of the charter and to give such party or parties together, as the case in the opinion of such board may require, a reasonable and fair opportunity to be heard before it and to present facts and proofs, according to its rules and directions, against such declaration and the execution of such order, or in favor of its modification, according to the regulation of the board. Such board shall enter in its minutes such facts and proofs as it may receive and its proceedings on such hearing, and any other proof it may take; and thereafter may rescind, modify or reaffirm its declaration and order, and require execution of the original, or of a new or modified order to be made in such form and effect as it may finally determine.

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