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MTR. OF 100 PARK AVE. v. PUB. SERV. COMM.

37 A.D.2d 404 (1971)

In the Matter of 100 Park Avenue, Inc., et al., Petitioners, v. Public Service Commission of the State of New York et al., Respondents

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

December 1, 1971.

Attorney(s) appearing for the Case

Surrey, Karasiak, Greene & Seham (Martin C. Seham, Car F. Goodman, Andrew E. Zelman and Steven J. Harvis of counsel), for petitioners.

Peter H. Schiff, Charles R. Gibson and Joel Yohalem for Public Service Commission, respondent.

John V. Thornton, Joseph D. Block and Joy Tannian for Consolidated Edison Company of New York, Inc., respondent.

HERLIHY, P. J., REYNOLDS, COOKE and SWEENEY, JJ., concur.

GREENBLOTT, 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 set aside an order of the Public Service Commission issued June 9, 1971.

The Public Service Commission (Commission) granted respondent Consolidated Edison Company a $52 million...

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