S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3311
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2011
                                      ___________
       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:
    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    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06018-01-1