246 A.D. 887 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1936
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In the Matter of the Application of The Westchester Electric Railroad Company, The New York, Westchester and Connecticut Traction Company, Westchester Street Transportation Company, Inc., Hastings Railway Company, Inc., Westchester Motor Transfer Company, Inc., Eastchester Transportation Corporation and North Street Transportation Corporation, for a Certiorari Order against Milo R. Maltbie and Others, Constituting The Public Service Commission of the State of New York, Being the State Division of the Department of Public Service of the State of New York, to Review the Determination of the Public Service Commission in the Matter of the Application of Said for the Approval of Contracts of Lease, Dated November 15, 1933, to the Westchester Street Transportation Company, Inc., of the Use of All the Omnibus Lines of All the Said (Except Westchester Street Transportation Company, Inc.)
Motion for reargument denied.
Motion for leave to appeal granted. [See 245 App. Div. 435.] The court hereby certifies that the following question of law has arisen which in its opinion ought to be reviewed by the Court of Appeals: Did the Public Service Commission have jurisdiction in this proceeding to grant its approval of the leases here involved made between Westchester Electric Railroad Company, The New York, Westchester and Connecticut Traction Company, Hastings Railway Company, Inc., Westchester Motor Transfer Company, Inc., Eastchester Transportation Corporation and North Street Transportation Corporation, as lessors, and the Westchester Street Transportation Company, Inc., as lessee?
Present — Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ.
