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

36 A.D.2d 261 (1971)

New York Telephone Company, Respondent, v. Public Service Commission of the State of New York et al., Appellants In the Matter of New York Telephone Company, Petitioner, v. Public Service Commission of the State of New York, Respondent, and City of New York, Intervenor-Respondent

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

April 19, 1971.

Attorney(s) appearing for the Case

Davis, Polk & Wardwell (Lawrence E. Walsh, Thomas P. Griesa and Guy M. Struve of counsel), for respondent and petitioner.

Charles R. Gibson, George H. Kenny and Joseph J. Klovekorn for appellant and respondent.

J. Lee Rankin, Corporation Counsel (Eugene Margolis, Stanley Buchsbaum, Francis I. Howley, Louise Katz and Nina Goldstein of counsel), for intervenor-respondent.

Louis J. Lefkowitz, Attorney-General (Daniel M. Cohen, Ruth Kessler Toch and Samuel A. Hirshowitz of counsel), amicus curiæ.

STALEY, JR., J. P., GREENBLOTT, COOKE and SWEENEY, JJ., concur.

SIMONS, J.

This is an appeal in the above-entitled action, from an order of the Supreme Court at Special Term, entered November 23, 1970 in Albany County, which granted plaintiff's motion for a preliminary injunction, and 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...

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