People ex rel. New York Central & Hudson River Railroad v. Public Service Commission for Second District
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 30,1908, which reversed a determination of the board of railroad commissioners in granting a certificate of public convenience and necessity, under section 59 of. the Railroad Law, to the Buffalo, Hiagara Falls and Rochester Railway Company.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 30,1908, which reversed a determination of the board of railroad commissioners in granting a certificate of public convenience and necessity, under section 59 of. the Railroad Law, to the Buffalo, Hiagara Falls and Rochester Railway Company. The Buffalo, Hiagara Falls and Rochester Railway Company was incorporated in 1900, for the purpose of building and operating an electric railway from Rochester to Lock-port, Hiagara Falls and Buffalo,- a total distance of 120 miles. After…
1Opinion of the CourtGray, J.
The appellant insists that the relator did not sue out the writ of certiorari within the time prescribed by law. Section 2125 of the Code of Civil Procedure provides that the Writ “ must be granted and served, within four calendar months after the determination to be reviewed becomes final and binding, upon the relator.” The certificate of the board was announced and was dated as of July 15th, 1901 ; but it was *163not delivered to the appellant until August 14th, 1905. The argument is that, within the meaning of the statute, a determination was made when the board decided that public convenience…
2Cases cited4 opinions
- People Ex Rel. Steward v. Board of Railroad CommissionersNew York Court of Appeals · 1899
- Matter of WoodNew York Court of Appeals · 1905
- People ex rel. Bath & Hammondsport Railroad v. Public Service Commission of the Second DistrictAppellate Division of the Supreme Court of the State of New York · 1908
- People Ex Rel. Bath & Hammondsport Railroad v. Public Service Commission of the Second DistrictNew York Court of Appeals · 1909
3Cited by4 opinions
- A. B. & C. Motor Transportation Co. v. Department of Public UtilitiesMassachusetts Supreme Judicial Court · 1951
- Dairymen's League Co-operative Ass'n v. Du MondAppellate Division of the Supreme Court of the State of New York · 1953
- Kordal v. NiesleyNew York Supreme Court · 1971
- Capital Telephone Co. v. KahnAppellate Division of the Supreme Court of the State of New York · 1976