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MTR. OF BURKE v. PUB. SERV. COMM.

47 A.D.2d 91 (1975)

In the Matter of John W. Burke, as Town Supervisor of The Town of Oyster Bay, et al., Petitioners, v. New York State Public Service Commission et al., Respondents

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

March 6, 1975.

Attorney(s) appearing for the Case

John F. O'Shaughnessy (Charles F. Lynch of counsel), for Ralph G. Caso and another, petitioners.

John M. Conroy (Dexter C. Reed of counsel), for John W. Burke and another, petitioners.

Adrian P. Burke, Corporation Counsel (Stephen P. Kramer and Gary Mailman of counsel), for City of New York, petitioner.

Peter H. Schiff (Charles R. Gibson and David Schechter of counsel), for the New York State Public Service Commission, respondent.

Davis, Polk & Wardwell (Lawrence E. Walsh, Guy Miller Struve and Henry H. Korn of counsel), for New York Telephone Company, respondent.

KANE and MAIN, JJ., concur with SWEENEY, J.; HERLIHY, P. J., and LARKIN, J., concur in part and dissent in part in an opinion by HERLIHY, P. J.

SWEENEY, J.

Prior to the turn of the century, the New York Telephone Company, or its predecessors, began to grant rate discounts to various municipalities for local telephone service. The present record reveals that they were originally offered to cities, villages and a few towns in exchange for consents to place underground and/or aerial equipment in the highways. Discounts were also given voluntarily and without...

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