Paul Smith's Electric Light & Power & Railroad v. Maltbie

Appellate Division of the Supreme Court of New York

Paul Smith's Electric Light & Power & Railroad v. Maltbie

272 A.D.2d 972

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

DecidedJuly 1, 1947

StatusPublished

This text of 272 A.D.2d 972 (Paul Smith's Electric Light & Power & Railroad v. Maltbie) 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

Paul Smith's Electric Light & Power & Railroad v. Maltbie, 272 A.D.2d 972 (N.Y. Ct. App. 1947).

Pincite

Opinion

This is a proceeding under article 78 of the Civil Practice Act brought to review an accounting determination of the Public Service Commission embodied in an order of the commission dated December 1, 1942, which was reaffirmed, after rehearing as to the matters complained of herein, by a second order dated September 10, 1943. By the orders under review the petitioner was directed to transfer from its account 101 — Electric Plant in Service, to another asset account, 105 — Electric Plant Acquisition Adjustments, the sum of $213,317.22, which represented an arbitrary percentage calculation of theoretical “ overheads ” arid assumed “ organization ” costs, which had been entered upon tb.e petitioner’s books in 1928. The evidence sustains the determination of the commission. Determination confirmed, with $50 costs and disbursements. Hill, P. J., Heifernan, Foster and Russell, JJ., concur; Brewster, J., taking no part.

Free access — add to your briefcase to read the full text and ask questions with AI

This is a proceeding under article 78 of the Civil Practice Act brought to review an accounting determination of the Public Service Commission embodied in an order of the commission dated December 1, 1942, which was reaffirmed, after rehearing as to the matters complained of herein, by a second order dated September 10, 1943. By the orders under review the petitioner was directed to transfer from its account 101 — Electric Plant in Service, to another asset account, 105 — Electric Plant Acquisition Adjustments, the sum of $213,317.22, which represented an arbitrary percentage calculation of theoretical “ overheads ” arid assumed “ organization ” costs, which had been entered upon tb.e petitioner’s books in 1928. The evidence sustains the determination of the commission. Determination confirmed, with $50 costs and disbursements. Hill, P. J., Heifernan, Foster and Russell, JJ., concur; Brewster, J., taking no part.

Cite This Page — Counsel Stack

Bluebook (online)

272 A.D.2d 972, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paul-smiths-electric-light-power-railroad-v-maltbie-nyappdiv-1947.