N.Y. PBS Law § 112 — New York Code / Act PBS / Article 6 / Section 112
Judicial enforcement of rate-fixing orders of the commission
Status: in_force

§ 112. Judicial enforcement of rate-fixing orders of the commission.\n1. When a suit is brought in the federal district court praying for an\ninterlocutory injunction to restrain the enforcement of an order of the\npublic service commission or transit commission fixing the maximum\nrates, fares, prices, charges or rentals to be charged and collected by\na person or corporation subject, under this chapter, to the jurisdiction\nof the commission, the commission may bring an action in the appellate\ndivision of the supreme court for an injunction restraining such person\nor corporation from charging or collecting greater rates than those so\nfixed by its said order, provided that the bringing of such action is\naccompanied by a stay of proceedings, as herein provided, under such\norder of the commission pending the determination of the action.  Before\nservice of the summons, the commission shall exhibit to the court the\ncomplaint and at the same time apply, without notice, for such stay.\nIf, in the judgment of the court, the complaint is sufficient on its\nface to entitle the plaintiff to the relief prayed for, such stay must\nbe ordered by the court; and in case of a judgment or order thereafter,\non a motion on the pleadings, holding the complaint insufficient but\npermitting amendment thereof, such stay shall continue during the period\nallowed for such amendment. The complaint and the order for such stay\nshall be filed and entered forthwith. The action is pending from the\ntime such order is granted; but not after the expiration of sixty days\ntherefrom unless, within that time the court shall have acquired\njurisdiction of the defendant, by service of summons or voluntary\nappearance. Notice by the plaintiff's attorney of the granting of such\nstay shall be served on the defendant when the summons is served, and in\nthe same manner.  Forthwith upon the service of the summons and such\nnotice, proof of service thereof, in the manner prescribed by law and\nrules for proof of service of a summons, shall be filed. Thereupon, the\nclerk of the appellate division forthwith shall issue, and the counsel\nto the commission shall transmit to such federal district court, the\ncertificate of such clerk setting forth, with respect to such action in\nthe appellate division, the title of the action, a copy of the prayer\nfor relief, as set forth in the complaint, a copy of the stay order, and\na statement that the papers filed in his office include proofs, made in\naccordance with the laws of this state and court rules, of service of\nthe summons and of the notice required by this section to be served\ntherewith. An action under this section by the public service commission\nshall be brought in the third department and by the transit commission\nin the first department.\n  2. Original jurisdiction of such an action is hereby conferred upon\nsuch appellate division of the supreme court. It may hear, try and\ndetermine it and render judgment according to law, except that no order\nfor a temporary injunction against the defendant shall be granted.\nProvisions of law relating to reference of issues or any of them, for\ndecision or report of findings of specific questions of fact, in an\naction triable without a jury, shall apply. The action must be\nprosecuted by the commission with diligence and good faith. If\napplication is made to the court to vacate such stay and notice of the\napplication, pursuant to federal law, is served upon the\nattorney-general, he shall give immediate notice of such application,\nand of his receipt of the notice therefor, to counsel for the\ncommission, but the attorney-general shall be entitled to participate\nwith such counsel in opposing the application, if he deems it advisable.\nAn appeal may be taken by the aggrieved party to the court of appeals\nfrom the judgment of the appellate division in the manner and subject to\nthe limitations provided in the civil practice act.\n