MATTER OF CITY OF NEW YORK v. PUB. SERV. COMM'N OF THE STATE OF NEW YORK

Attorney(s) appearing for the Case

Leo A. Larkin, Corporation Counsel (Francis I. Howley and Samuel Mandell of counsel), for City of New York, appellant.

Ben Herzberg 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.

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.