Provides that notwithstanding the granting of a new tariff schedule, subject to refund with interest, the court may find great and irreparable damage on the basis of evidence submitted in seeking an order staying or suspending an order of the public service commission.
STATE OF NEW YORK
________________________________________________________________________
1992
2015-2016 Regular Sessions
IN ASSEMBLY
January 13, 2015
___________
Introduced by M. of A. BRENNAN, CAHILL -- Multi-Sponsored by -- M. of A.
CLARK, COOK, GOTTFRIED, HOOPER -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to the staying or
suspending of certain orders of the commission by the supreme court
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 23 of the public service law, as
2 amended by chapter 732 of the laws of 1928, is amended to read as
3 follows:
4 2. No order staying or suspending an order of the commission fixing
5 any rate, fare or charge or joint rate, fare or charge shall be made by
6 the supreme court otherwise than upon notice and after hearing; and if
7 the order of the commission is suspended, the order suspending the same
8 shall contain a specific finding based upon evidence submitted to the
9 court and identified by reference thereto, that great and irreparable
10 damage would otherwise result to the petitioner or other person affected
11 thereby and specifying the nature of the damage; provided that notwith-
12 standing the granting of a new tariff schedule, subject to refund with
13 interest, the court may find great and irreparable damage on the basis
14 of evidence submitted.
15 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01713-01-5
