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MTR. OF CITY OF N. Y. v. PUB. SERV. COMM.

42 A.D.2d 259 (1973)

In the Matter of City of New York, Petitioner, 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.

July 12, 1973.

Attorney(s) appearing for the Case

Norman Redlich, Corporation Counsel (Evan A. Davis, Vivian P. McGowan and Stephen P. Kramer of counsel), for petitioner.

Peter H. Schiff and Stanley B. Klimberg for Public Service Commission, respondent.

Davis Polk & Wardwell (Lawrence C. Walsh, Guy Miller Struve and James L. Kerr of counsel), and G. Wallace Bates, Edward L. Friedman and Raymond F. Scully for N. Y. Telephone Company, respondent.

COOKE, SWEENEY, KANE and MAIN, JJ., concur.

GREENBLOTT, J. P.

This is a proceeding pursuant to CPLR article 78 (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 granted a rate increase to the New York Telephone Company.

Petitioner challenges a decision of the Public...

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