Assembly Bill A5252

2013-2014 Legislative Session

Makes certain provisions regarding court ordered stay or suspension of commission orders

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A5252 (ACTIVE) - Details

Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Public Service Law
Laws Affected:
Amd ยง23, Pub Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4732
2011-2012: A3311
2015-2016: A1992
2017-2018: A6011, A10064

2013-A5252 (ACTIVE) - Summary

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.

2013-A5252 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5252

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 21, 2013
                               ___________

Introduced by M. of A. BRENNAN, CAHILL -- Multi-Sponsored by -- M. of A.
  CLARK,  COOK,  GOTTFRIED,  HOOPER,  JACOBS,  MAISEL  --  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.
                                                           LBD09068-01-3

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