Rochester Telephone Corp. v. Public Service Com'n of State of N.Y.

• Decision Date: 10 February 1983
• Citation: 58 N.Y.2d 874,460 N.Y.S.2d 492
• Parties: , 447 N.E.2d 40 In the Matter of ROCHESTER TELEPHONE CORPORATION, Respondent, v. PUBLIC SERVICE COMMISSION OF the STATE OF NEW YORK, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 492

460 N.Y.S.2d 492

58 N.Y.2d 874, 447 N.E.2d 40

In the Matter of ROCHESTER TELEPHONE CORPORATION, Respondent, v. PUBLIC SERVICE COMMISSION OF the STATE OF NEW YORK, Appellant.

Court of Appeals of New York.

Feb. 10, 1983.

Sam Laniado and David E. Blabey, Albany, for appellant.

Michael T. Tomaino, Roger H. Kessel and Jonathan H. Winer, Rochester, for respondent.

OPINION OF THE COURT MEMORANDUM.

The judgment of the Appellate Division, 87 A.D.2d 672, 448 N.Y.S.2d 827, should be affirmed, with costs.

The Appellate Division correctly held that the commission did not have the authority, under subdivision 2 of section 113 of the Public Service Law, to order the petitioner to pass on to its customers the tax deduction resulting from its passing on of a tax refund. We express no opinion on whether the commission, in ruling on a general rate case, may order a passing on of the tax deduction, a question we need not reach on this appeal.

COOKE, C.J., and JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS, JJ., concur.

Judgment affirmed, with costs, in a memorandum.