Opinion
November 22, 1961
Present — Coon, J.P., Gibson, Herlihy, Reynolds and Taylor, JJ.
Proceedings separately instituted under article 78 of the Civil Practice Act to review determinations of the Public Service Commission which, in each case, granted to the applicant a certificate of public convenience and necessity for the transportation of trailer coaches (also called house trailers or mobile homes) between the county in which the applicant is located and all other points in the State. Petitioners, furnishing the same form of transportation under State-wide authority granted by the commission, do not dispute the findings that each applicant is fit, willing and able to perform the service and contest only the findings of public convenience and necessity. Each of the applicants operates a mobile homes sales agency and a trailer park as well in a county in which no other carrier has an office or terminal. It was properly found that owners of home trailers therein require transportation service which should be readily available to them, comparably to service for transportation of household goods, and should be easily accessible, so as to permit personal discussion of rates, preparations for moving and other details. It was further found, upon sufficient evidence, that although petitioners' services were available from offices and terminals at somewhat distant and separated points, the applicants could service their local areas with greater efficiency and expedition. There was no proof which would constrain the commission to find that the additional franchises would give rise to unfair or destructive competition. We find no sound basis for petitioners' additional contention that the determinations were predicated upon an arbitrary "policy" (cf. Matter of Swalbach v. State Liq. Auth., 7 N.Y.2d 518) rather than upon the evidence. Determination in each case unanimously confirmed, with $50 costs.