Majority
p. 863In the Matter of the Application of Public Service Interstate Transportation Co., Inc., Appellant, for a Certiorari Order against Public Service Commission of the State of New York, State Division, Respondent. Tappan and Nyack Bus, Inc., Intervener, Respondent.
Order modified so as to include in the return the report prepared by the assistant counsel to Commission, who conducted the hearings, and as so modified affirmed, without costs, this order being granted in the discretion of the court, and this decision applies only to this case. Van Burk, P. J., Hill, McNamee and Crapser, JJ., concur; Rhodes, J., dissents on the ground that the matter ordered to be included should be excluded as matter of law. [See 236 App. Div. 753 , 769, 863.]