N.Y. Comp. Codes R. & Regs. tit. 4 § 200.11

Current through Register Vol. 46, No. 45, November 2, 2024

Section 200.11 - Filing; service

(a) The term filing, as used in this Chapter, except as otherwise specifically provided, shall mean delivery to the board or an agent thereof, or the act of mailing to the board, or deposit of the papers enclosed in a properly addressed wrapper into the custody of an overnight delivery service for overnight delivery, before the latest time designated by the overnight delivery service for overnight delivery.

(b) The term service, as used in this Chapter, except as otherwise specifically provided, shall mean delivery to a party or the act of mailing to a party, or deposit of the papers enclosed in a properly addressed wrapper into the custody of an overnight delivery service for overnight delivery, before the latest time designated by the overnight delivery service for overnight delivery. Personal service is complete upon delivery. Service by mail or by overnight delivery is complete at the time of sending. Except as otherwise directed by the board or one of its designees, where a paper described in this Chapter is served by regular mail, the due date of any response will have five calendar days added to the time specified in this Chapter. In the case of service by overnight delivery, an additional day will be added to any prescribed time in which any responsive pleadings, papers, or other required act triggered by the service is calculated.

(c)Overnight delivery service means any delivery service which regularly accepts items for overnight delivery to any address in the State.

(d)Proof of service shall mean evidence that any document required to be filed with the board or any of its agents was delivered to all other parties or other mandated recipients as required by these rules or by the act. Proof of service shall consist of either a sworn affirmation of counsel or notarized affidavit by the individual who served the document, specifying the document served, the person or persons upon whom it was served, and the means by which it was served. Proof of service may also take the form of a United States Postal Service tracking receipt or report, or by other United States Postal Service issued document establishing the date of mailing, the identity and address of the recipients, or an acknowledgment of receipt, whether sworn or unsworn, by the party or parties upon whom service is required, or by an agent thereof.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 200.11

Amended New York State Register August 2, 2017/Volume XXXIX, Issue 31, eff.8/2/2017