Appellate Division of the Supreme Court of New York, 1936

Village of Boonville v. Maltbie

Village of Boonville v. Maltbie
Appellate Division of the Supreme Court of New York · Decided January 15, 1936
246 A.D. 887
Village of Boonville v. Maltbie

Opinion of the Court

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.

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