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MATTER OF BURKE v. NEW YORK STATE PUB. SERV. COMM'N

39 N.Y.2d 766 (1976)

In the Matter of John W. Burke, Individually and as Town Supervisor of the Town of Oyster Bay, et al., Appellants, v. New York State Public Service Commission et al., Respondents.

Court of Appeals of the State of New York.

Decided April 27, 1976.

Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (Stephen P. Kramer, Gary Mailman and Alexander Gigante, Jr., of counsel), for City of New York, appellant.

Joseph Colby, Town Attorney (James H. Madden of counsel), for John W. Burke and Town of Oyster Bay, appellants.

John F. O'Shaughnessy, County Attorney (William S. Norden and Natale C. Tedone of counsel), for Ralph G. Caso and County of Nassau, appellants.

Charles R. Gibson and Peter H. Schiff for Public Service Commission, respondent.

Lawrence E. Walsh, Guy Miller Struve, Henry H. Korn, George E. Ashley and Joseph J. Strelkoff for New York Telephone Company, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

We affirm for the reasons stated in the opinion at the Appellate Division.

On the basis of evidence adduced at hearings before the Public Service Commission, the commission concluded that the grant of nonobligatory discounts to cities and villages constituted an undue preference in violation of the Public Service Law (§ 91, subds 2, 3; § 92, subd 2). The Public Service Commission had authority...

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