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MATTER OF PUB. SERV. COMM. v. NORTON

304 N.Y. 522 (1952)

In the Matter of The Public Service Commission of the State of New York, Appellant, v. Alfred V. Norton, a Justice of the Supreme Court of The State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 5, 1952

Attorney(s) appearing for the Case

Lawrence E. Walsh, Counsel (George H. Kenny, Arthur Brooks, Edward D. Cohen, Sol Neil Corbin and Joanne MacFarlane of counsel), for appellant.

Bruce Bromley for Staten Island Rapid Transit Railway Company, respondent, in support of appellant's position.

John C. Crary, Jr., for Alfred V. Norton, respondent.

Denis M. Hurley, Corporation Counsel (James J. Thornton, John F. Kelly, Francis I. Howley and John A. Radlien of counsel), for City of New York, respondent.

LOUGHRAN, Ch. J., LEWIS, DYE, FULD and FROESSEL, JJ., concur with DESMOND, J.; CONWAY, J., concurs in separate opinion.

DESMOND, J.

In this article 78 (Civil Practice Act) proceeding we granted, to appellant Public Service Commission, leave to appeal to this court, so that we might review this question: is the commission entitled to an order, in the nature of prohibition, restraining (or restricting) the continuance of an action, now pending in Supreme Court, Richmond County, and hereafter more fully described, in which the City...

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