Legal Opinion
Brooklyn Union Gas Co. v. Public Service Commission
Appellate Division of the Supreme Court of the State of New York
Decided December 6, 1979PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Mikoll, J.
At issue in this proceeding are a series of orders emanating from the Public Service Commission (commission) to implement the Home Insulation and Energy Conservation Act (L 1977, ch 858, Public Service Law, §§ 135-a to 135-n) (Act).
There is little argument with the proposition that the power of the commission is limited to those powers which are conferred specifically upon it by the Legislature (Matter of Village of Boonville v Maltbie, 272 NY 40). This authority includes the power to effectively carry out its mandate (People ex rel. Municipal Gas Co. of City of…
2Cases cited4 opinions
- City of New York v. State of New York Commission on Cable TelevisionNew York Court of Appeals · 1979
- People Ex Rel. Municipal Gas Co. v. Public Service CommissionNew York Court of Appeals · 1918
- Matter of Village of Boonville v. MaltbieNew York Court of Appeals · 1936
- Tri-City Telephone Co. v. KahnAppellate Division of the Supreme Court of the State of New York · 1975
3Cited by3 opinions
- Hall Heating Co. v. New York State Electric & Gas Corp.Appellate Division of the Supreme Court of the State of New York · 1992
- Rochester Gas & Electrric Corp. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1979
- Oil Heat Institute of Upstate New York v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1982