Legal Opinion
New York City Housing Authority v. Public Service Commission
Appellate Division of the Supreme Court of the State of New York
Decided June 7, 1965PublishedCited by 3 opinions
1Opinion of the CourtHerlihy, J.
The process of rate-making is a legislative function, not a judicial one, and in this instance the Public Service Commission is acting under authority delegated by the Legislature (Matter of Public Serv. Comm. v. Norton, 304 N. Y. 522, 530). The methods, therefore, employed by the Public Service Commission in its legislative function of rate-making are not to be tested by the usual administrative procedural rules (Matter of Rockland Light & Power Co. v. Maltbie, 241 App. Div. 122, 124). As we stated rather recently in Matter of City of New York v. Public Serv. Comm. (17 A D 2d 581, 584, mot.…
2Cases cited4 opinions
- Federal Power Commission v. Hope Natural Gas Co.Supreme Court of the United States · 1944
- Public Service Commission v. NortonNew York Court of Appeals · 1952
- Rockland Light & Power Co. v. MaltbieAppellate Division of the Supreme Court of the State of New York · 1934
- Spring Brook Water Co. v. Village of Hudson FallsAppellate Division of the Supreme Court of the State of New York · 1945
3Cited by3 opinions
- New York Telephone Co. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1978
- Long Island Lighting Co. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1987
- Consumer Protection Board v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1983