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TAYLOR v. CONSOLIDATED EDISON CO. OF NEW YORK INC.

No. 464, Docket 76-7374.

552 F.2d 39 (1977)

Vanessa TAYLOR, on behalf of herself and all other persons similarly situated, Appellants, v. CONSOLIDATED EDISON CO. OF NEW YORK, INC., et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided February 24, 1977.

Attorney(s) appearing for the Case

David Goldfarb, The Legal Aid Society, Staten Island, N.Y. (Joan Mangones, Atty., Marshall Green, The Legal Aid Society, Staten Island Neighborhood Office, Staten Island, N.Y., John E. Kirklin, Director of Litigation, Kalman Finkel, The Legal Aid Society, Civil Appeals & Law Reform Unit, New York City, of counsel), for appellants.

Bernard Hulkower, New York City (Walter A. Morris, Jr., Gen. Counsel, Jonathan R. Sheiner, Thomas J. Farrelly, Consol. Edison Co. of New York, Inc., New York City, of counsel), for appellees Consolidated Edison Co. of New York, Inc., Charles F. Luce, Arthur Hauspurg.

Charles R. Gibson, Albany, N.Y. (Peter H. Schiff, Counsel to the Public Service Commission of the State of New York, Albany, N.Y., of counsel), for Public Service Commission of the State of New York, its Members and Agents.

Before MANSFIELD, VAN GRAAFEILAND, Circuit Judges, and OWEN, District Judge.

MANSFIELD, Circuit Judge.

Appellant's electrical service was terminated by Consolidated Edison Co. ("Con Ed") without a hearing because she allegedly had tampered with her meter and refused to pay amounts estimated by Con Ed to be owing or to leave a deposit with it to secure future payment. She brought suit in the Eastern District of New York under 42 U.S.C. § 1983, claiming a deprivation of property without due process and in violation of the Equal Protection...

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