MATTER OF ROCHESTER TEL. CORP. v. PUB. SERV. COMM'N OF THE STATE OF NEW YORK


58 N.Y.2d 874 (1983)

In the Matter of Rochester Telephone Corporation, Respondent, v. Public Service Commission of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided February 10, 1983.


Attorney(s) appearing for the Case

Sam Laniado and David E. Blabey for appellant.

Michael T. Tomaino, Roger H. Kessel and Jonathan H. Winer for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.


MEMORANDUM.

The judgment of the Appellate Division should be affirmed, with costs.

The Appellate Division correctly held that the commission did not have the authority, under subdivision 2 of section 113 of the Public Service Law, to order the petitioner to pass on to its customers the tax deduction resulting from its passing on of a tax refund. We express no opinion on whether the commission, in ruling on a general...

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