Legal Opinion · Dissent

Rochester Gas & Electric Corp. v. Maltbie

Appellate Division of the Supreme Court of the State of New York

Decided January 7, 1948Published

1DissentFoster, J.

There is some doubt as to whether this proceeding presents for review a final determination of the Public Service Commission. Petitioner sought approval for the issuance and sale of first mortgage bonds in the principal amount of $16,677,000; 50,000 shares of preferred stock, and shares of common stock, of no-par value, sufficient to raise $2,000,000. The proposals submitted by petitioner were not conclusive, for the prices and terms of the securities were to be determined by competitive bidding, and after such matters were determined the further approval of the Commission would necessarily…

2Cases cited13 opinions

  1. People Ex Rel. Delaware & Hudson Co. v. StevensNew York Court of Appeals · 1909
  2. Matter of New York Edison Co. v. MaltbieNew York Court of Appeals · 1936
  3. People Ex Rel. Binghamton Light, Heat & Power Co. v. StevensNew York Court of Appeals · 1911
  4. New York Edison Co. v. MaltbieAppellate Division of the Supreme Court of the State of New York · 1935
  5. In re International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1942

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