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In the Matter of the Application of the Village of Boonville, New York, for a Certiorari Order against Milo R. Maltbie and Others, Constituting the Public Service Commission of the State of New York, and Public Service Commission of the State of New York
Motion for reargument denied. Motion for leave to appeal granted. [See 245 App. Div. 468.] 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 in its determination fixing rates in this proceeding properly decide that as matter of law such rates should not include a return on the value of the property owned by the village and used and useful in the public service?
Present — Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ.