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  5. 31 N.Y.2d 397 (1972)
 

NEW ROCHELLE WATER CO. v. PUB. SER. COMM.

31 N.Y.2d 397 (1972)

In the Matter of New Rochelle Water Company, Appellant, v. Public Service Commission of the State of New York, Respondent. In the Matter of Long Island Water Corporation, Appellant, v. Public Service Commission of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided December 28, 1972.

Attorney(s) appearing for the Case

Arthur S. Friedman and Michael J. Golden for appellant in the first above-entitled proceeding.

Frederic H. Lawrence, Norman Abell and A. Jared Silverman for appellant in the second above-entitled proceeding.

Peter H. Schiff and Joel Yohalem for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and GIBSON concur.

JASEN, J.

These two appeals present the common question of whether the respondent, Public Sevice Commission (Commission), acted within its powers in denying appellants' request to apply permanent rate increases retroactively to permit the public utilities to recoup from consumers the difference in revenues between the final rates and lower temporary rates which the Commission put into effect after it suspended...

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