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MTR. CITY OF BUFFALO v. PUB. SERV. COMM.

40 Misc.2d 926 (1963)

In the Matter of City of Buffalo et al., Petitioners, v. New York State Public Service Commission, Respondent, and Niagara Mohawk Power Corporation, Intervenor-Respondent.

Supreme Court, Special Term, Albany County.

November 12, 1963

Attorney(s) appearing for the Case

Elmer S. Stengel, Corporation Counsel (Abraham I. Okun of counsel), for City of Buffalo, petitioner. Stewart F. Hancock, Jr., Corporation Counsel (Leslie H. Deming of counsel), for City of Syracuse, petitioner. Clarence W. Greenwald, Corporation Counsel, for City of Niagara Falls, petitioner. Harold M. Baumler, Town Attorney, for Town of Hamburg, petitioner. Elton M. Dale, Town Attorney, for Town of Tonawanda and another, petitioners. Kent H. Brown, George H. Kenny and Charles A. Schiano for respondent. Lauman Martin and James A. O'Neill for intervenor-respondent.

ISADORE BOOKSTEIN, J.

Petitioners seek to review the action of respondent in permitting the intervenor-respondent to file a tariff schedule of rates for municipal street lighting. The basic contention of petitioners is that respondent lacks the power to regulate rates for municipal street lighting, by reason of an exception contained in subdivision 12 of section 66 of the Public Service Law. That section is...

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