This is the second article 78 proceeding to require respondent to authorize MBR increases. It is unnecessary to relate the involved history of the petitioner's applications and the respondent's rulings. Suffice it to point out that this prompted Special Term to refer to Trial Term the issue of whether proper practice had been followed by the petitioner and in the department. In any event, respondent, on the last day to answer the petition, granted an MBR increase and moved...
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