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CITY OF N.Y. v. P.S. COMM.

53 A.D.2d 164 (1976)

In the Matter of The City of New York, Respondent, and Robert M. Morgenthau, as District Attorney of New York County, et al., Intervenors-Respondents, v. Public Service Commission of the State of New York, Appellant, and Louis J. Lefkowitz, as Attorney-General of The State of New York, Intervenor-Appellant

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

July 8, 1976

Attorney(s) appearing for the Case

Peter H. Schiff (Howard J. Read of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Philip Weinberg, Ezra I. Bialik and Ruth Kessler Toch of counsel), for intervenor-appellant.

W. Bernard Richland, Corporation Counsel (John C. Brennan and Nina G. Goldstein of counsel), for respondent.

Robert M. Morgenthau, District Attorney (Ann Elizabeth Lewis and Robert M. Pitler of counsel), for Robert M. Morgenthau, intervenor-respondent.

Sol Greenberg, pro se (George H. Barber of counsel), for Sol Greenberg, intervenor-respondent.

Nixon, Hargrave, Devans & Doyle (Michael R. Wolford of counsel), for Rochester Telephone Corporation and another, amici curiae.

Robert E. Scannell, Raymond F. Burke and George E. Ashley for New York Telephone Company, amicus curiae.

Adalbert K. Wnorowski for General Telephone Company of Upstate New York, Inc., amicus curiae.

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

HERLIHY, J.

In an order dated May 20, 1975, and extended to all telephone companies in New York State, the Public Service Commission (PSC) issued a directive which controls the manner and method in which telephone companies are to comply with requests by investigative bodies for the issuance of subscribers' toll billing records. As a general proposition, the order seeks to compel notification by the telephone...

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