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MTR. OF LEROY FANTASIES v. SWIDLER

44 A.D.2d 266 (1974)

In the Matter of Leroy Fantasies, Inc., et al., Doing Business as Maxwell's Plum, a Joint Venture, Appellants, v. Joseph C. Swidler et al., Constituting The 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.

April 18, 1974.

Attorney(s) appearing for the Case

Murray A. Gordon, P. C., for Leroy Fantasies, Inc., and another, appellants.

Peter H. Schiff and John K. Rosenberg for Joseph C. Swidler and others, respondents.

Williams & O'Neill for Consolidated Edison Company of New York, Inc., respondent.

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

GREENBLOTT, J. P.

This is an appeal from a judgment of the Supreme Court at Special Term, entered January 24, 1974 in Albany County, which dismissed petitioners' application, in a proceeding pursuant to CPLR article 78, to vacate a determination of the Public Service Commission directing Consolidated Edison Company of New York, Inc. to discontinue gas service to Maxwell's Plum Restaurant unless Maxwell's Plum...

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