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CERACCHE TEL. v. KELLY

50 A.D.2d 134 (1975)

In the Matter of Ceracche Television Corporation, on Behalf of Itself and All Others Similarly Situated, Appellant, v. Robert F. Kelly et al., Constituting The New York State Commission On Cable Television, Respondents. (And Another Proceeding.)

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

December 11, 1975

Attorney(s) appearing for the Case

Cohen & Berfield (Lewis I. Cohen of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Kenneth J. Connolly and Ruth Kessler Toch of counsel), for respondents.

GREENBLOTT, J. P., KOREMAN, MAIN and REYNOLDS, JJ., concur.

SWEENEY, J.

Respondents constitute the New York State Commission on Cable Television which was established pursuant to article 28 of the Executive Law to regulate cable television companies in New York State. Subdivision 2 of section 817 of such article provides that the expenses of the respondent Commission are to be reimbursed by assessing each cable television company operating in New York State in proportion...

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