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  5. 8 A.D.2d 210 (1959)
 

MTR. OF BKLYN. UNION GAS v. PUB. SERV. COMM.

8 A.D.2d 210 (1959)

In the Matter of Brooklyn Union Gas Company, Petitioner, v. Public Service Commission of the State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 9, 1959.

Attorney(s) appearing for the Case

Cullen & Dykman (Jackson A. Dykman of counsel; Edwin F. Russell on the brief), for petitioner.

Kent H. Brown, George H. Kenny, Norman Abell and Martin L. Barr for respondent.

BERGAN, GIBSON, HERLIHY and REYNOLDS, JJ., concur.

FOSTER, P. J.

This is a proceeding under article 78 of the Civil Practice Act by which petitioner, The Brooklyn Union Gas Company, seeks to annul a determination of the Public Service Commission refusing to authorize petitioner under section 69 of the Public Service Law to issue 75,000 shares of its par value common stock under a restricted option plan approved by the stockholders of petitioner.

Petitioner...

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