42 N.Y.2d 880, Public Service Commission v. Jamaica Water Supply Co.

Citation:42 N.Y.2d 880, 397 N.Y.S.2d 784
Party Name:Public Service Commission v. Jamaica Water Supply Co.
Case Date:June 14, 1977
Court:New York Court of Appeals
 
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Page 880

42 N.Y.2d 880

397 N.Y.S.2d 784

In the Matter of the PUBLIC SERVICE COMMISSION of the State of New York, Respondent,

v.

JAMAICA WATER SUPPLY COMPANY et al., Appellants.

New York Court of Appeals

June 14, 1977.

[397 N.Y.S.2d 785] Bernard S. Meyer, Mineola, for appellants.

Charles R. Gibson and Peter H. Schiff, Albany, for respondent.

W. Bernard Richland, Corp. Counsel, New York City (L. Kevin Sheridan, Alexander Gigante, Jr., and John C. Brennan, New York City, of counsel), for City of New York, amicus curiae.

MEMORANDUM.

Order of the Appellate Division affirmed, with costs, on the opinion of Mr. Justice J. Clarence Herlihy at the Appellate Division.

It is only necessary to add the following: People ex rel. New York Rys. Co. v. Public Serv. Comm., 223 N.Y. 373, 119 N.E. 848, may seem to suggest a more restricted view of the powers of the commission to assure adequacy of service. Its discussion, however, is concerned with a less direct effort to protect the financial structure of the railroad company. Indeed, the less direct effort there, it could be said, involved a closer and greater encroachment on the internal managerial policies and decisions of the company. It had then been recently reorganized, and the commission sought to enforce a program for replenishment of the capital accounts behind the bonds and stocks recently issued in replacement of the securities of the old company. In this case, on the other hand, the systematic withdrawals of earnings and the...

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