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MTR. OF LEFKOWITZ v. P.S.C.

50 A.D.2d 338 (1975)

In the Matter of Louis J. Lefkowitz, as Attorney-General of The State of New York, et al., Petitioners, v. Public Service Commission, Respondent. Orange and Rockland Utilities, Inc., et al., Intervenors-Respondents

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

December 30, 1975

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Cyril H. Moore, Jr., and Ruth Kessler Toch of counsel), petitioner pro se.

Howard L. Blau for W. R. Marran's Sons, Inc. and others, petitioners.

Surrey, Karasik, Morse & Seham (Martin C. Seham and Barbara Cavanagh of counsel), for New York State Urban Development Corp., petitioner.

Peter H. Schiff (John C. Crary of counsel), for Public Service Commission, respondent.

Le Boeuf, Lamb, Leiby & MacRae (Andrew Gansberg of counsel), for Orange and Rockland Utilities, Inc., intervenor-respondent.

Richard Babinecz for Consolidated Edison Company of New York, Inc., intervenor-respondent.

HERLIHY, P. J., SWEENEY, KANE and LARKIN, JJ., concur.

KOREMAN, J.

During the 1973-1974 heating season, the Public Service Commission (PSC) received numerous complaints from residential electric space heating (residential ESH) customers concerning increases in their electric bills attributable mainly to high fuel adjustment charges. The fuel adjustment charge is a means of enabling a utility to recover increases in out-of-pocket fuel expenses with a minimum of lag...

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