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CITIZENS WATER SUPPLY v. P.S.C.

53 A.D.2d 166 (1976)

In the Matter of Citizens Water Supply Company of Newtown, Petitioner, v. Public Service Commission of the State of New York, Respondent

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

July 15, 1976

Attorney(s) appearing for the Case

Tanner & Friedman, P. C. (Arthur S. Friedman and Peter N. Wang of counsel), for petitioner.

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

KOREMAN, P. J., KANE, MAHONEY and LARKIN, JJ., concur.

GREENBLOTT, J.

The sole question in this proceeding is the propriety of the refusal by the respondent (P.S.C.) to permit petitioner to file a tariff containing a surcharge designed to recoup revenue sufficient to provide for Federal income taxes for a certain 10-month period between an initial refusal to allow for Federal income tax expense and the eventual allowance for such expense after rehearing at which...

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