Legal Opinion · Dissent

Brooklyn Union Gas Co. v. Public Service Commission

Appellate Division of the Supreme Court of the State of New York

Decided April 13, 1970Published

1DissentReynolds, J.

The commission denied petitioner’s petition on both legal and public policy grounds. In its initial decision of November 12, 1969 the commission stated that11 the applicable provisions of the Public Service Law [did not permit the petitioner] to issue its own stock * * * for the purpose of acquiring the stock of its proposed subsidiary.” (Emphasis included.) Section 69 enumerates five purposes for *75which stock may he issued by a public utility. The first of these, “ the acquisition of property ”, would seem normally applicable, but the commission determined that “ property ” as utilized in…

2Cases cited5 opinions

  1. People Ex Rel. Delaware & Hudson Co. v. StevensNew York Court of Appeals · 1909
  2. Campo Corp. v. FeinbergAppellate Division of the Supreme Court of the State of New York · 1952
  3. Campo Corp. v. FeinbergNew York Court of Appeals · 1952
  4. People Ex Rel. New York Edison Co. v. WillcoxNew York Court of Appeals · 1912
  5. Staten Island Edison Corp. v. Public Service CommissionNew York Court of Appeals · 1934

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