BKLYN. UNION GAS v. PUB. SERV. COMM.


34 A.D.2d 71 (1970)

In the Matter of Brooklyn Union Gas Company, Petitioner, v. Public Service Commission of the State of New York, Respondent

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

April 13, 1970.


Attorney(s) appearing for the Case

Sullivan & Cromwell (David W. Peck and John F. Arning of counsel), and Cullen & Dykman (Edwin F. Russell, Barbara M. Suchow and David C. Jones of counsel), for petitioner.

Kent H. Brown and George E. Kenny for respondent.

HERLIHY, P. J., GREENBLOTT and SWEENEY, JJ., concur with COOKE, J.; HERLIHY, P. J., in a separate opinion in which GREENBLOTT, COOKE and SWEENEY, JJ., concur. REYNOLDS, J., dissents and votes to annul in an opinion.


COOKE, J.

This is a proceeding under article 78 of the CPLR (transferred to the Appellate Division of the Supreme Court in the Third Judicial Department by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Public Service Commission, which denied the petition of the Brooklyn Union Gas Company to issue stock for the purpose of acquiring all of the stock of New...

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