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MATTER OF N. Y. TEL. CO. v. PUB. SERV. COMM.

286 A.D. 28 (1955)

In the Matter of New York Telephone Company, Petitioner, v. Public Service Commission of the State of New York, Respondent, and City of New York et al., Intervenors-Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 24, 1955.

Attorney(s) appearing for the Case

Henry J. Friendly, Ralph W. Brown, Eric B. Nelson, Robert W. Doyle, Edward L. Friedman, Jr., and Jack A. Haner for petitioner.

Kent H. Brown, George H. Kenny, Joseph J. Doran, Lawrence M. De Vore, Charles R. Gibson and Martin L. Barr for respondent.

Peter Campbell Brown, Corporation Counsel (Leo A. Larkin, Morris Handel, James J. Thornton and Morris Einhorn of counsel), for City of New York, intervenor-respondent.

Frank L. Weil, Ira M. Millstein and Milton Haselkorn for Abraham & Straus and others, intervenors-respondents.

Edmund B. Naylon, George Foster, Jr., and Edward F. Huber for Long Island Water Corporation, amicus curiæ.

COON and IMRIE, JJ., concur with FOSTER, P. J.; BERGAN, J., dissents, in an opinion, in which HALPERN, J., concurs; HALPERN, J., dissents, in an opinion, in which BERGAN, J., concurs.

FOSTER, P. J.

In this proceeding under article 78 of the Civil Practice Act we are asked to review and annul two orders of the Public Service Commission, which in effect denied the application of the New York Telephone Company for an increase in telephone rates amounting annually to $68,850,000. The issue raised is one of principle, and not of detail with regard to rates. Petitioner's claim of error is that the...

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