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NIAGARA MOHAWK v. P.S.C.

52 A.D.2d 388 (1976)

In the Matter of Niagara Mohawk Power Corporation, Petitioner, v. Public Service Commission of the State of New York et al., Respondents

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

June 3, 1976

Attorney(s) appearing for the Case

Shea, Gould, Climenko, Kramer & Casey (Milton S. Gould of counsel), Lauman Martin and Herron, Lawler, Fischer & Hughes for petitioner.

Peter H. Schiff (Frank S. Robinson of counsel), for Public Service Commission of the State of New York, respondent.

Lavigne & Nicandri (Eugene L. Nicandri of counsel) and Duncan, Brown, Weinberg & Palmer (Frederick D. Palmer and Wallace L. Duncan of counsel), for Town of Massena, respondent.

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

HERLIHY, J.

On March 13, 1975, the respondent, Town of Massena, filed a petition for a condemnation order in the County Court of St. Lawrence County to acquire the electric transmission facilities of the petitioner located in that town. Pursuant to the provisions of section 5-a of the Condemnation Law (unless otherwise specified, all statutory references are to the Condemnation Law), a copy of the town's petition...

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