People v. Penn Central Co.

This is an appeal (1) from an order of the Supreme Court at Special Term, entered October 17, 1969 in Albany County, which granted a motion by plaintiff for summary judgment, and (2) from the judgment entered thereon.

The facts are as follows: A series of hearings were held before the Public Service Commission (hereinafter referred to as PSC) to air complaints against the appellant, a railroad commuter carrier subject to the continuing jurisdiction of the PSC (see Public Service Law, § 5, subd. 1). The PSC, in an order dated June 5,1969, incorporated its findings that service was seriously…