Village of Wellsville v. Maltbie

Petitioner is the owner of a municipal electric utility plant and distributing system. It appeals from the denial of its application made under article 78 of the Civil Practice Act (prohibition) for an order restraining the Public Service Commission from proceeding with hearings and taking testimony concerning items and charges which were first entered on its books as operating expenses, but which now have been transferred to the fixed capital account.

In an earlier proceeding (257 App. Div. 746) this court annulled an order made by the Commission directing that these items be stricken from…