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MTR. OF TN. OF HEMPSTEAD v. P. S. COMM.

56 Misc.2d 1098 (1968)

In the Matter of Town of Hempstead, Petitioner, v. Public Service Commission of the State of New York et al., Respondents. In the Matter of Village of Rockville Center, Petitioner, v. Public Service Commission of the State of New York et al., Respondents.

Supreme Court, Special Term, Albany County.

May 13, 1968

Attorney(s) appearing for the Case

Howard E. Levitt for Town of Hempstead, petitioner. Franklin Rand Weiss for Village of Rockville Centre, petitioner. Kent H. Brown for Public Service Commission of the State of New York, respondent. David K. Kadane and Edward J. Walsh, Jr., for Long Island Lighting Company, respondent.

HAROLD E. KOREMAN, J.

Two separate proceedings are brought pursuant to article 78 of the CPLR to review and annul determinations made by respondent Public Service Commission approving construction by respondent Long Island Lighting Company (LILCO) of a high-pressure gas pipeline extending some 13 miles through Nassau County. Respondents have filed answers and seek dismissal of the petitions on the ground that the allegations therein do not entitle petitioners...

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