
    In the Matter of the City of New York et al., Appellants, and Chesebrough Building Company et al., Petitioners, v. Public Service Commission of the State of New York et al., Respondents.
    Argued October 4, 1962;
    decided November 1, 1962.
    
      
      Leo A. Larkin, Corporation Counsel (Francis 1. Howley and Samuel Mandell of counsel), for City of New York, appellant.
    
      Ben Her zb erg and Edward Klagsbrun for New York City Housing Authority, appellant.
    
      Kent H. Brown, Joseph J. Doran, George H. Kenny and Martin L. Barr for Public Service Commission, respondent.
    
      Colley E. Williams, Patrick H. Sullivan and Bernard L. Sanoff for Consolidated Edison Company, respondent.
   Order affirmed, with costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Froessel, Van Voorhis, Burke ‘and Foster. Judge Fuld dissents and votes to reverse and to grant the relief requested by appellants upon the ground that denial of such relief by the Appellate Division was an abuse of discretion as a matter of law.  