Long Island Rail Road Company v. Public Service Commission
| Decision Date | 09 January 1969 |
| Citation | 298 N.Y.S.2d 65,23 N.Y.2d 852,245 N.E.2d 799 |
| Parties | , 245 N.E.2d 799 LONG ISLAND RAIL ROAD COMPANY, Respondent, and Metropolitan Commuter Transportation Authority, Intervenor-Respondent, v. PUBLIC SERVICE COMMISSION of the State of New York et al., Appellants. |
| Court | New York Court of Appeals Court of Appeals |
Appeals from Supreme Court, Appellate Division, Second Department, 30 A.D.2d 409, 292 N.Y.S.2d 167.
Kent H. Brown, Albany (George H. Kenny, Albany, of counsel), for appellant Public Service Commission.
Sullivan & Cromwell, New York City, George S. Onken, Jamaica (Robert MacCrate, Robert R. Prince, New York City, Richard H. Stokes, Jamaica, John L. Warden, New York City, of counsel), for respondents. A proceeding was brought by the Village of Rockville Centre under Sections 90 and 94 of the Railroad Law, Consol.Laws, c. 49, for approval by the Public Service Commission (PSC) of the construction of a pedestrian underpass beneath the elevated tracks of the Long Island Rail Road Company (LIRR) and for a direction by PSC that LIRR or the Metropolitan Transportation Authority (MTA) should bear half of the cost thereof. The PSC decision held that LIRR, a wholly-owned subsidiary of MTA, was subject to the provisions of Sections 90 and 94 of the Railroad Law which provide that before a road is built across an existing railroad line PSC must approve the manner of the road's construction and that the cost of the construction shall be borne in equal shares by the railroad and appropriate municipality. The PSC order directed the general manner of construction of the pedestrian underpass, directed LIRR to submit detailed plans of the work and the cost estimate to PSC for its approval, and directed LIRR to obey commencement of the work until such approval should have been granted.
The sole issue raised was whether the PSC had jurisdiction over MTA and its subsidiaries and consequently whether it had jurisdiction to make the subject decision and order.
The Appellate Division entered an order July 22, 1968 which on appeal pursuant to Section 91 of the Railroad Law reversed, on the law, the decision and order of the PSC.
Appeals were taken to the Court of Appeals.
The PSC contended in the Court of Appeals that the court below erred in holding that the Commission lacked authority to act under Sections 90 and 94 of the Railroad Law, and that the decision of the Court below being erroneous on the jurisdictional issue, there was no ground for reversal of the determination and...
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