Legal Opinion

Public Service Commission v. Rochester Telephone Corp.

New York Court of Appeals

Decided April 1, 1982PublishedCited by 19 opinions

1Opinion of the Court

OPINION OF THE COURT

Jones, J.

In a proceeding brought to enforce compliance by a public utility with a condition contained in an order of the governmental regulating agency, the utility may not challenge the authority of the agency to impose the condition when the utility has failed to assert such challenge by a timely proceeding under CPLR article 78.

Rotelcom, Inc., a nonregulated corporation engaged in marketing and distribution of telecommunications systems and equipment, is a wholly owned subsidiary of Rochester Telephone Corporation, a public utility subject to the jurisdiction of the New…

2Cases cited4 opinions

  1. Solnick v. WhalenNew York Court of Appeals · 1980
  2. United States v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of the United States · 1931
  3. Public Service Commission v. Montana-Dakota Utilities Co.North Dakota Supreme Court · 1959
  4. Lockport Light, Heat & Power Co. v. MaltbieAppellate Division of the Supreme Court of the State of New York · 1939

3Cited by19 opinions

  1. Rochester Telephone Corp. v. Public Service CommissionNew York Court of Appeals · 1995
  2. MCI Telecommunications Corp. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1997
  3. Abrams v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1983
  4. Bitondo v. StateAppellate Division of the Supreme Court of the State of New York · 1992
  5. Cahill v. HarterAppellate Division of the Supreme Court of the State of New York · 2000

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