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MATTER OF NEW YORK TEL. CO. v. PUB. SERV. COMM.

309 N.Y. 569 (1956)

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

Court of Appeals of the State of New York.

Decided February 17, 1956

Attorney(s) appearing for the Case

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

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

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

Jacob K. Javits, Attorney-General (James O. Moore, Jr., John R. Davison and Sidney Kelly, Jr., of counsel), amicus curiæ, in support of appellant's position.

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

Edmund B. Naylon, George Foster, Jr., and Edward F. Huber, for Long Island Water Corporation, amicus curiæ, in support of respondent's position.

CONWAY, Ch. J., DESMOND and VAN VOORHIS, JJ., concur with FROESSEL, J.; DYE, J., dissents in a memorandum; FULD and BURKE, JJ., taking no part.

FROESSEL, J.

The single narrow issue presented on this appeal is whether or not the Public Service Commission, in a telephone rate proceeding under section 97 of the Public Service Law, erred in refusing to receive evidence offered by petitioner of the reproduction cost less depreciation of its physical plant. The weight to be given such evidence, as we shall indicate later, is quite another matter.

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