Matter of City of New York v. Fullen

I am unable to concur. The effect of this decision is to give the Transit Commission in the city of New York the power to annex conditions to certificates of convenience and necessity for the use of city streets without the consent of the city, thus amounting in effect to a franchise, a grant of power against which the cities of the State have long and up to now successfully contended.

The precise question this appeal presents is, whether under the Public Service Law the Transit Commission has been given the power, express or implied, to attach conditions to the issuance of a certificate of…