S T A T E O F N E W Y O R K
________________________________________________________________________
4732
2009-2010 Regular Sessions
I N A S S E M B L Y
February 5, 2009
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Introduced by M. of A. BRENNAN, GREENE -- Multi-Sponsored by -- M. of A.
CLARK, COOK, GOTTFRIED, HOOPER, JACOBS, MAISEL, NOLAN -- 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:
Section 1. Subdivision 2 of section 23 of the public service law, as
amended by chapter 732 of the laws of 1928, is amended to read as
follows:
2. No order staying or suspending an order of the commission fixing
any rate, fare or charge or joint rate, fare or charge shall be made by
the supreme court otherwise than upon notice and after hearing; and if
the order of the commission is suspended, the order suspending the same
shall contain a specific finding based upon evidence submitted to the
court and identified by reference thereto, that great and irreparable
damage would otherwise result to the petitioner OR OTHER PERSON AFFECTED
THEREBY and specifying the nature of the damage; PROVIDED THAT NOTWITH-
STANDING 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.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05034-01-9