N.Y. PBS Law § 39

§ 39. Meter reading and estimated bills. 1. A utility corporation or\nmunicipality may, in accordance with such requirements as the commission\nmay impose by regulation, render an estimated bill for any billing\nperiod if: (a) the procedure used by such utility or municipality for\ncalculating estimated bills has been approved by the commission, and the\nbill clearly indicates that it is based on an estimated reading and (b)\nthe utility owning the meter and providing the meter reading data on\nwhich the estimated bill will be based or the municipality has made\nreasonable effort to obtain an actual meter reading or (c) circumstances\nbeyond the control of the utility or municipality made an actual reading\nof the meter extremely difficult or (d) circumstances indicate a\nreported reading is likely to be erroneous, or (e) an estimated reading\nis prescribed or authorized by the commission for a billing period\nbetween periods when actual meter readings are scheduled or for seasonal\nor short term customers.\n 2. Where a utility corporation owning the meter and supplying meter\nreading data for a bill or a municipality fails to gain access to a\nmeter for a period of four months or two billing periods, whichever is\ngreater, the corporation or municipality shall take reasonable actions\nto obtain an actual meter reading. Such additional actions may include,\nbut not be limited to: making an appointment with the customer or such\nother person who controls access to the meter for a reading at a time\nother than within normal business hours, offering the customer the\nopportunity to phone in a meter reading, or providing a card to the\ncustomer on which he or she may record the reading and mail it to the\nutility or municipality.\n 3. Where a utility corporation or municipality has submitted an\nestimated bill or bills to a residential customer, and such estimate or\nestimates significantly understate the actual amount of money owed by\nsuch customer, the customer shall have the right to pay the difference\nbetween the estimated charges and the actual charges in regular monthly\ninstallments over a reasonable period. The commission shall establish by\nregulation the minimum amount for any such underbilling, and the length\nof any such period; provided, however, that no such installment period\nshall be less than three months.\n