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MTR. OF FIGARI v. N. Y. TEL. CO.

32 A.D.2d 434 (1969)

In the Matter of Joseph Figari et al., Appellants, v. New York Telephone Compy, Respondent

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

July 25, 1969.

Attorney(s) appearing for the Case

Alfred J. Skidmore for appellants.

G. Wallace Bates (James R. Billingsley and Gerald E. Murray of counsel), for respondent.

RABIN, HOPKINS, MUNDER and MARTUSCELLO, JJ., concur.

BRENNAN, Acting P. J.

This appeal presents an important question concerning the constitutionality of a tariff filed by the respondent and approved by the Public Service Commission (hereinafter referred to as the Commission). The petitioners commenced this proceeding pursuant to article 78 of the CPLR to compel the respondent to restore their telephone service which had been terminated for their failure to comply...

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