Bill Text: NY A06011 | 2017-2018 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-01-24 - enacting clause stricken [A06011 Detail]

Download: New_York-2017-A06011-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6011
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 21, 2017
                                       ___________
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee 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.
                                                                   LBD07580-01-7