City of New York v. Public Service Comn.

• Citation: 12 N.Y.2d 786,186 N.E.2d 678,235 N.Y.S.2d 4
• Parties: , 186 N.E.2d 678 Applications of The CITY OF NEW YORK and New York City Housing Authority, Appellants, and Chesebrough Building Company et al., Petitioners, for an Order, etc., v. PUBLIC SERVICE COMMISSION of the State of New York and Consolidated Edison Company of New York, Inc., Respondents.
• Decision Date: 01 November 1962
• Court: New York Court of Appeals Court of Appeals

Page 4

235 N.Y.S.2d 4

12 N.Y.2d 786, 186 N.E.2d 678

Applications of The CITY OF NEW YORK and New York City Housing Authority, Appellants, and Chesebrough Building Company et al., Petitioners, for an Order, etc., v. PUBLIC SERVICE COMMISSION of the State of New York and Consolidated Edison Company of New York, Inc., Respondents.

Court of Appeals of New York.

Nov. 1, 1962.

Appeal from Supreme Court, Appellate Division, Third Department, 16 A.D.2d 1015, 229 N.Y.S.2d 320.

The City of New York and others brought a proceeding under the Civil Practice Act, § 1283 et seq., against the Public Service Commission of the State of New York and another.

The Special Term rendered an order denying a motion for a stay, and an appeal was taken.

The Appellate Division affirmed the order of the Special Term and held that the motion for a stay should be denied without prejudice to its renewal if for any reason attributable to the respondents the proceedings should not be argued at the September, 1962 term, and that rule of Appellate Division relating to alternative form of record on appeal should be utilized in the preparation of record and briefs.

The City of New York and the New York City Housing Authority appealed to the Court of Appeals.

Order affirmed, with costs.

All concur except FULD, J., who dissents and votes to reverse and to grant the relief requested by the appellants upon the ground that denial of such relief by the Appellate Division was an abuse of discretion as a matter of law.