Long Island Rail Road Company v. Public Service Commission

CourtNew York Court of Appeals
Citation298 N.Y.S.2d 65,23 N.Y.2d 852,245 N.E.2d 799
Decision Date09 January 1969
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.

Page 65

298 N.Y.S.2d 65
23 N.Y.2d 852, 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 of Appeals of New York.
Jan. 9, 1969.

Appeals from Supreme Court, Appellate Division, Second Department, 30 A.D.2d 409, 292 N.Y.S.2d 167.

[23 N.Y.2d 853] Kent H. Brown, Albany (George H. Kenny, Albany, of counsel), for appellant Public Service Commission.

Page 66

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.

[23 N.Y.2d 852]

Page 65

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 [23 N.Y.2d 853] 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...

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8 practice notes
  • Metropolitan Transp. Authority v. Village of Tuckahoe
    • United States
    • United States State Supreme Court (New York)
    • 7 Octubre 1971
    ...of Mr. Justice Benjamin in Long Island Rail Road v. Public Service Commission, 30 A.D.2d 409, 292 N.Y.S.2d 167 (2nd Dept., 1968), aff'd 23 N.Y.2d 852, 298 N.Y.2d 65, 245 N.E.2d 799 (1969); the takeover is not essential to this decision. The Legislature has given the MTA sweeping powers and ......
  • Western New York Motor Lines, Inc. v. Rochester-Genesee Regional Transp. Authority, ROCHESTER-GENESEE
    • United States
    • United States State Supreme Court (New York)
    • 30 Enero 1973
    ...State Department of Transportation (See Long Island Railroad Company v. Public Service Commission, 30 A.D.2d 409, 292 N.Y.S.2d 167, aff'd 23 N.Y.2d 852, 298 N.Y.S.2d 65, 245 N.E.2d 799) and especially since the New [72 Misc.2d 716] York State Department of Transportation under § 142 of Arti......
  • Mills v. Long Island R. Co., No. 800
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 17 Abril 1975
    ...See also Long Island Rail Road v. Public Serv. Comm'n, 30 A.D.2d 409, 292 N.Y.S.2d 167 (2d Dep't 1968), aff'd on the opinion below, 23 N.Y.2d 852, 298 N.Y.S.2d 65, 245 N.E.2d 799...
  • Dominianni v. Consolidated Rail Corp.
    • United States
    • New York Town Court
    • 29 Septiembre 1981
    ...Public Service Commission (Long Island Railroad Corp. v. Public Service Commission, 30 A.D.2d 409, 292 N.Y.S.2d 167 (2d Dept. 1968) affd. 23 N.Y.2d 852, 298 N.Y.S.2d 65, 245 N.E.2d 799; Metropolitan Transportation Authority v. Village of Tuckahoe, 67 Misc.2d 895, 325 N.Y.S.2d 718 (SC West.,......
  • Request a trial to view additional results
8 cases
  • Metropolitan Transp. Authority v. Village of Tuckahoe
    • United States
    • United States State Supreme Court (New York)
    • 7 Octubre 1971
    ...of Mr. Justice Benjamin in Long Island Rail Road v. Public Service Commission, 30 A.D.2d 409, 292 N.Y.S.2d 167 (2nd Dept., 1968), aff'd 23 N.Y.2d 852, 298 N.Y.2d 65, 245 N.E.2d 799 (1969); the takeover is not essential to this decision. The Legislature has given the MTA sweeping powers and ......
  • Western New York Motor Lines, Inc. v. Rochester-Genesee Regional Transp. Authority, ROCHESTER-GENESEE
    • United States
    • United States State Supreme Court (New York)
    • 30 Enero 1973
    ...State Department of Transportation (See Long Island Railroad Company v. Public Service Commission, 30 A.D.2d 409, 292 N.Y.S.2d 167, aff'd 23 N.Y.2d 852, 298 N.Y.S.2d 65, 245 N.E.2d 799) and especially since the New [72 Misc.2d 716] York State Department of Transportation under § 142 of Arti......
  • Mills v. Long Island R. Co., No. 800
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 17 Abril 1975
    ...See also Long Island Rail Road v. Public Serv. Comm'n, 30 A.D.2d 409, 292 N.Y.S.2d 167 (2d Dep't 1968), aff'd on the opinion below, 23 N.Y.2d 852, 298 N.Y.S.2d 65, 245 N.E.2d 799...
  • Dominianni v. Consolidated Rail Corp.
    • United States
    • New York Town Court
    • 29 Septiembre 1981
    ...Public Service Commission (Long Island Railroad Corp. v. Public Service Commission, 30 A.D.2d 409, 292 N.Y.S.2d 167 (2d Dept. 1968) affd. 23 N.Y.2d 852, 298 N.Y.S.2d 65, 245 N.E.2d 799; Metropolitan Transportation Authority v. Village of Tuckahoe, 67 Misc.2d 895, 325 N.Y.S.2d 718 (SC West.,......
  • Request a trial to view additional results

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