City of New York, Respondent, v. Long Island Airports Limousine Service Corp., Appellant, 48 N.Y.2d 469

Summary

The service transported passengers from surrounding counties to two city airports. Although it had obtained a certificate of public convenience and necessity as well as a franchise from the city to use the city streets en route to the airports, the city, subsequently, adopted a resolution which canceled the franchise. While a proceeding before the State Commissioner of Transportation (commissioner) to revoke the certificate of public convenience was pending, the city brought action to enjoin the service from continuing to transport passengers. On review, the court reversed the grant of summary judgment for the city. The city conceded that the commissioner generally had the power to override the local authorities' refusal to consent but argued that he could not do so when the city was involved. The court held that the case should not be decided because it involved a determination of the rights and powers of a third party, the commissioner, and he was not a party in the action. Because ...