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

29 N.Y.2d 164 (1971)

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

Court of Appeals of the State of New York.

Decided July 7, 1971.

Attorney(s) appearing for the Case

Lawrence E. Walsh, Thomas P. Griesa, Guy M. Struve, G. Wallace Bates, Edward L. Friedman and Raymond F. Scully for appellant.

Charles R. Gibson, George H. Kenny and Joel Yohalem for Public Service Commission, respondent.

J. Lee Rankin, Corporation Counsel (Francis I. Howley, Stanley Buchsbaum, Eugene Margolis, Vivian P. McGowan and Nina Goldstein of counsel), for The City of New York, respondent.

Louis J. Lefkowitz, Attorney General (Daniel M. Cohen of counsel), amicus curiae and in his statutory capacity under section 71 of the Executive Law.

Judges BURKE, SCILEPPI, BREITEL, JASEN and GIBSON concur in Per Curiam opinion; Judge BERGAN concurs in result in a separate opinion in which Chief Judge FULD concurs; Judges SCILEPPI and GIBSON also concur in opinion by Judge BERGAN.

Per Curiam.

The New York Telephone Company (Company) filed for a rate increase in the amount of $175,000,000 annually on March 20, 1969. The Public Service Commission (Commission) suspended this increase for 10 months. On February 24, 1970 it fixed an interim increase of $136,000,000. In an order of July 1, 1970 the Commission reduced the increase to $105,000,000. It fixed final rates to increase revenues $120,797...

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