Opinion
March 16, 1949.
An order having been granted staying the respondents during the pendency of this proceeding, the court on its own motion and in pursuance of section 589 of the Civil Practice Act allows an appeal to the Court of Appeals from such order and certifies that questions of law have arisen which in its opinion ought to be reviewed by the Court of Appeals; and certifies the following questions of law decisive of the correctness of its determination: (1) Does the order so granted contain the requisite specific findings required by subdivision 2 of section 23 Pub. Serv. of the Public Service Law to justify the stay? (2) Do the facts found in the order as granted constitute great and irreparable damage within the meaning of those terms as used in subdivision 2 of section 23 Pub. Serv. of the Public Service Law? Foster, P.J., Heffernan, Deyo, Santry and Bergan, JJ., concur.