MATTER OF CONSOL. RAIL CORP. v. ZIELINSKI


72 A.D.2d 828 (1979)

In the Matter of Consolidated Rail Corporation, Appellant, v. Charles A. Zielinski 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.

November 1, 1979


We affirm on the opinion of Mr. Justice Cholakis at Special Term. In so ruling, we would only add that in this proceeding attacking solely the order of July 11, 1978 petitioner improperly seeks to litigate the question of whether or not the subject rate increase was discriminatory in violation of subdivision 2 of section 65 of the Public Service Law. While such a charge of discrimination might well state a cause of action in a proceeding challenging the commission's approval...

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