Appellate Division of the Supreme Court of New York, 1926

In re McAneny

In re McAneny
Appellate Division of the Supreme Court of New York · Decided January 15, 1926
215 A.D. 797; 213 N.Y.S. 848
In re McAneny

Opinion of the Court

Per Curiam:

Since the decision in Browne v. City of New York and Schieffelin v. Mills (241 N. Y. 96, affg. the determination of this court, 213 App. Div. 206), there can be no longer any question as to the authority of the Transit Commission to institute and conduct such an investigation as is here involved, and to subpoena witnesses, as provided by section 19 of the Public Service Commission Law. Subdivision 2 of section 19 of that statute gives the Commission authority to apply for an order of commitment. The order appealed from should, therefore, be reversed, with ten dollars costs and disbursements, and the motion to commit the respondent granted. Present — Clarke, P. J., Dowling, Finch, McAvoy and Martin, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted.

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