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MATTER OF CITY OF NEW YORK v. FEINBERG

197 Misc. 1036 (1950)

In the Matter of The City of New York, Petitioner, v. Benjamin F. Feinberg et al., Individually and Constituting The Public Service Commission of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

June 6, 1950.

Attorney(s) appearing for the Case

John P. McGrath, Corporation Counsel (James J. Thornton, Arthur J. Goldsmith and William A. Marks of counsel), for petitioner.

Sherman C. Ward, Frank C. Bowers and Raymond J. McVeigh for members of the Public Service Commission of the State of New York, respondents.

Colley E. Williams and Sydney L. Davis for Brooklyn Borough Gas Company, respondent.

TAYLOR, J.

This is a proceeding in the nature of certiorari pursuant to article 78 of the Civil Practice Act to review an order and determination of the respondents constituting the members of the Public Service Commission of the State of New York and for an order vacating and annulling the order of such commission fixing an interim or temporary rate for gas furnished by the respondent, Brooklyn Borough Gas...

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