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N. Y. TEL. CO. v. PUB. SERV. COMM.

64 Misc.2d 485 (1970)

New York Telephone Company, Plaintiff, v. Public Service Commission of the State of New York, Defendant, and City of New York, Intervenor.

Supreme Court, Special Term, Albany County.

November 3, 1970

Attorney(s) appearing for the Case

Davis, Polk & Wardwell (Lawrence E. Walsh of counsel), for plaintiff. Kent H. Brown, George H. Kenny and Joel Yohalem for defendant. J. Lee Rankin, Corporation Counsel (Louise Katz of counsel), for intervenor.

T. PAUL KANE, J.

Plaintiff-petitioner New York Telephone Company (the "Company") has commenced an article 78 proceeding and an action for a permanent injunction against the Public Service Commission of the State of New York (the "Commission"), both in relation to a final decision by the Commission pertaining to a rate increase sought by the Company (CPLR 7801, 6301).

Incident to the action for an injunction...

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