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N.Y. Lab. Law § 33

Service of notice

Redline — January 1, 2015 → current.View current text →
Current — January 1, 2022
As of January 1, 2015
§ 33. Service of notice. Whenever the commissioner or board or any\nperson affected by the provisions of this chapter is required to give\nnotice in writing to any person, such notice may be given by mailing it\nin a letter addressed to such person at his last known place of business\nor by delivering it to him personally. Notice to a partnership may be\ngiven to any of the partners and notice to a corporation may be given to\nany officer or agent thereof upon whom a summons may be served as\nprovided by the civil practice law and rules. Whenever an order or\ndemand of the department is required to be served it shall be served in\nthe manner hereinbefore provided for the service of a notice or by\ndelivering it to any person of suitable age and discretion in charge of\nthe premises affected by such order, or if no person is found in charge\nby affixing a copy thereof conspicuously upon the premises.\n
§ 33. Service of notice. 1. Notwithstanding any other law, rule, or\nregulation, whenever the commissioner or board or any person affected by\nthe provisions of this chapter is required to give notice in writing to\nany person, such notice may be given by mailing it in a letter addressed\nto the last known place of business of such person, by delivering it to\nthe person personally, or by electronic communication with the consent\nof the person in accordance with subdivision two of this section. Notice\nto a partnership may be given to any of the partners, notice to a\ncorporation may be given to any officer or agent thereof, and notice to\na limited liability company may be given to any member or agent thereof,\nupon whom a summons may be served as provided by the civil practice law\nand rules, or by electronic communication with the consent of the entity\nin accordance with subdivision two of this section. Consent for any\nentity may be provided by a partner, officer, agent, member, owner, or\nother similar individual. Whenever an order or demand of the department\nis required to be served it shall be served in the manner hereinbefore\nprovided for the service of a notice, by delivering it to any person of\nsuitable age and discretion in charge of the premises affected by such\norder or demand, or by electronic communication with the consent of the\nperson in accordance with subdivision two of this section, or if no\nperson is found in charge by affixing a copy thereof conspicuously upon\nthe premises.\n 2. For the purposes of this section, a person or entity shall be\ndeemed to have consented to electronic communication if, having been\nadvised conspicuously that enrollment or registration is voluntary and\nthat they may continue to receive notices by mail or personal service as\nprovided in this section, they instead affirmatively choose to receive\nnotices by electronic communications only.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.