Kmeth v. Lundy

Appellate Division of the Supreme Court of New York

Kmeth v. Lundy

17 A.D.2d 672, 230 N.Y.S.2d 76, 1962 N.Y. App. Div. LEXIS 8725

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 2, 1962

StatusPublished

This text of 17 A.D.2d 672 (Kmeth v. Lundy) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kmeth v. Lundy, 17 A.D.2d 672, 230 N.Y.S.2d 76, 1962 N.Y. App. Div. LEXIS 8725 (N.Y. Ct. App. 1962).

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Opinion

This is a proceeding under article 78 of the Civil Practice Act to review and annul a determination of the Public Service Commission which revoked the portion of petitioner’s certificate of public convenience and necessity as a common carrier of general commodities from New York City to the Counties of Putnam, Rockland and Westchester. Petitioner’s authority also encompassed a transportation service from New York City easterly to the Counties of Nassau and Suffolk on Long Island. Respondent commission found that petitioner had failed to perform his duty as a common carrier from New York City to the up-State area in accordance with the Public Service Law and the terms of his certificate and had violated the rules of the commission governing the leasing and interchange of vehicles by motor carriers. Its findings are supported by substantial evidence. (Matter of M. O. R. T. Motor Lines v. Feinberg, 280 App. Div. 1016, motions for leave to appeal denied 281 App. Div. 786, 305 N. Y. 931.) Petitioner does not seriously contend to the contrary. Principally he urges that excessive punishment was imposed. The revocation was well within the discretionary power of the commission and seems to us not to be so disproportionate to the violations found as to shock our sense of fairness. Determination unanimously confirmed, without costs. Present — Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ.

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This is a proceeding under article 78 of the Civil Practice Act to review and annul a determination of the Public Service Commission which revoked the portion of petitioner’s certificate of public convenience and necessity as a common carrier of general commodities from New York City to the Counties of Putnam, Rockland and Westchester. Petitioner’s authority also encompassed a transportation service from New York City easterly to the Counties of Nassau and Suffolk on Long Island. Respondent commission found that petitioner had failed to perform his duty as a common carrier from New York City to the up-State area in accordance with the Public Service Law and the terms of his certificate and had violated the rules of the commission governing the leasing and interchange of vehicles by motor carriers. Its findings are supported by substantial evidence. (Matter of M. O. R. T. Motor Lines v. Feinberg, 280 App. Div. 1016, motions for leave to appeal denied 281 App. Div. 786, 305 N. Y. 931.) Petitioner does not seriously contend to the contrary. Principally he urges that excessive punishment was imposed. The revocation was well within the discretionary power of the commission and seems to us not to be so disproportionate to the violations found as to shock our sense of fairness. Determination unanimously confirmed, without costs. Present — Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ.

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Bluebook (online)

17 A.D.2d 672, 230 N.Y.S.2d 76, 1962 N.Y. App. Div. LEXIS 8725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kmeth-v-lundy-nyappdiv-1962.

Opinion

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