Matter of City of N.Y. v. Public Serv. Comm

Full title: In the Matter of the CITY OF NEW YORK et al., Appellants, and CHESEBROUGH…

Court: Court of Appeals of the State of New York

Date published: Nov 1, 1962

12 N.Y.2d 786 (N.Y. 1962)

235 N.Y.S.2d 4

186 N.E.2d 678

Opinion

Argued October 4, 1962

Decided November 1, 1962

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ROSCOE V. ELSWORTH, J.

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

Ben Herzberg and Edward Klagsbrun for New York City Housing Authority, appellant.

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

Colley E. Williams, Patrick H. Sullivan and Bernard L. Sanoff for Consolidated Edison Company, respondent.

Order affirmed, with costs; no opinion.

Concur: Chief Judge DESMOND and Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Judge FULD dissents and votes to reverse and to grant the relief requested by appellants upon the ground that denial of such relief by the Appellate Division was an abuse of discretion as a matter of law.