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MATTER OF TOWN OF ISLIP v. PUB. SERV. COMM'N OF THE STATE OF NEW YORK

59 A.D.2d 536 (1977)

In the Matter of Town of Islip, Petitioner, v. Public Service Commission of the State of New York, Respondent

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

August 1, 1977

Determination confirmed, and petition dismissed on the merits, without costs or disbursements.

The determination under review is supported by substantial evidence and is not arbitrary, capricious or an abuse of discretion. The hearing examiner did not err in grouping the Towns of Islip and Smithtown together for the limited purpose of the testimony of one Dr. Chang. Since he was produced by the Town of Smithtown, the Town of Islip was properly denied the right to...

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