Bill Text: NY A04732 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 4732 (Prior Session Legislation)

Introduced

Bill Title: 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

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2010-01-06 - referred to corporations, authorities and commissions [A04732 Detail]

Download: New_York-2009-A04732-Introduced.html

                           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
                                      ___________
       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:
    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.
                                                                  LBD05034-01-9