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MTR. OF N. Y. C. HOUS. AUTH. v. PUB. SERV. COM.

23 A.D.2d 277 (1965)

In the Matter of The New York City Housing Authority et al., Petitioners, v. Public Service Commission of the State of New York et al., Respondents

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

June 7, 1965.

Attorney(s) appearing for the Case

Leo A. Larkin, Corporation Counsel (Francis I. Howley and Samuel Mandell of counsel), for City of New York, petitioner.

Hays, Sklar & Herzberg (Ben Herzberg and Frederick F. Greenman, Jr., of counsel), for New York City Housing Authority, petitioner.

Charles Poletti and Martin C. Seham for 100 Park Avenue, Inc., and others, petitioners.

Kent H. Brown, George H. Kenny, Martin L. Barr and Joseph J. Doran for Public Service Commission, respondent.

Whitman, Ransom & Coulson (Patrick H. Sullivan, Colley Williams and Bernard L. Sanoff of counsel), for Consolidated Edison Company of New York, Inc., respondent.

GIBSON, P. J., REYNOLDS, TAYLOR and HAMM, JJ., concur.

HERLIHY, J.

The process of rate-making is a legislative function, not a judicial one, and in this instance the Public Service Commission is acting under authority delegated by the Legislature (Matter of Public Serv. Comm. v. Norton, 304 N.Y. 522, 530). The methods, therefore, employed by the Public Service Commission in its legislative function of rate-making are not to...

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