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MTR. OF GEN. TEL. CO. v. LUNDY

22 A.D.2d 439 (1965)

In the Matter of General Telephone Company of Upstate New York, Inc., Petitioner, v. James A. Lundy et al., Constituting The Public Service Commission of the State of New York, Respondents

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

February 2, 1965.

Attorney(s) appearing for the Case

Dewey, Ballantine, Bushby, Palmer & Wood (Everett I. Willis and Edward N. Sherry of counsel), Power, Griffith, Jones & Bell (John Robert Jones of counsel), Taylor, Wilkinson & Hardies (Edward L. Wilkinson of counsel), for petitioner.

Kent H. Brown and Charles R. Gibson for respondents.

HERLIHY, REYNOLDS, TAYLOR and AULISI, JJ., concur.

GIBSON, P. J.

The determinative issue presented upon this review of a telephone rate case is whether the Public Service Commission, in exercising its conceded right to determine the reasonableness of prices paid by petitioner to affiliates for equipment, supplies and services, properly rested its determination of unreasonableness upon its finding that the affiliates' earnings were in each case excessive, when...

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