Rochester Telephone Corp. v. Public Service Commission

New York Court of Appeals

Rochester Telephone Corp. v. Public Service Commission

447 N.E.2d 40, 58 N.Y.2d 874, 460 N.Y.S.2d 492, 1983 N.Y. LEXIS 2859

CourtNew York Court of Appeals

DecidedFebruary 10, 1983

StatusPublished

Cited by3 cases

This text of 447 N.E.2d 40 (Rochester Telephone Corp. v. Public Service Commission) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rochester Telephone Corp. v. Public Service Commission, 447 N.E.2d 40, 58 N.Y.2d 874, 460 N.Y.S.2d 492, 1983 N.Y. LEXIS 2859 (N.Y. 1983).

Pincite

Opinion

[876]*876OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division 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.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur.

Judgment affirmed, with costs, in a memorandum.

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