Legal Opinion
Burke v. New York State Public Service Commission
New York Court of Appeals
Decided April 27, 1976PublishedCited by 7 opinions
1Opinion of the Court
Memorandum. We affirm for the reasons stated in the opinion at the Appellate Division.
On the basis of evidence adduced at hearings before the Public Service Commission, the commission concluded that the grant of nonobligatory discounts to cities and villages constituted an undue preference in violation of the Public Service Law (§ 91, subds 2, 3; § 92, subd 2). The Public Service Commission had authority to approve the company’s proposal to rectify the inequity by eliminating those municipal discounts not required by contract. To ameliorate the impact of its determination the commission…
2Cases cited2 opinions
- Columbia Gas of New York, Inc. v. New York State Electric & Gas Corp.New York Court of Appeals · 1971
- New York Telephone Co. v. Siegel-Cooper Co.New York Court of Appeals · 1911
3Cited by7 opinions
- Matter of Lefkowitz v. Pub. Serv. Comm'nNew York Court of Appeals · 1976
- Home Depot U.S.A., Inc. v. State of New York Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Marathon Power LLC v. Public Serv. Commn. of the State of N.Y.Appellate Division of the Supreme Court of the State of New York · 2022
- Starburst Realty Corp. v. City of New YorkNew York Supreme Court · 1985
- New York Telephone Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1981
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