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  5. 17 N.Y.2d 246 (1966)
 

MTR. OF N. Y. C. HOUS. v. PUB. SERV. COMM.

17 N.Y.2d 246 (1966)

In the Matter of New York City Housing Authority et al., Appellants, et al., Petitioners, v. Public Service Commission of the State of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided April 28, 1966.

Attorney(s) appearing for the Case

Ben Herzberg and Frederick F. Greenman, Jr., for New York City Housing Authority, appellant.

Leo A. Larkin, Corporation Counsel, and J. Lee Rankin, successor Corporation Counsel (Francis I. Howley of counsel), for City of New York, appellant.

Kent H. Brown, George H. Kenny and Martin L. Barr for Public Service Commission, respondent.

Patrick A. Sullivan, Colley E. Williams and Bernard L. Sanoff for Consolidated Edison Company of New York, respondent.

Chief Judge DESMOND and Judges FULD, BURKE, SCILEPPI, BERGAN and KEATING concur in Per Curiam opinion; Judge VAN VOORHIS dissents and votes to affirm for the reasons stated in the opinion at the Appellate Division.

Per Curiam.

The record before the Public Service Commission justified the increase of 5% in the electric tariffs of the Consolidated Edison Company over those approved in the prior proceeding reviewed in Matter of City of New York v. Public Serv. Comm. (17 A.D.2d 581, mot. for lv. to app. den. 13 N.Y.2d 594).

The rate of return sustained in that proceeding was found...

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