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N.Y. TEL. v. P.S.C.

59 A.D.2d 17 (1977)

In the Matter of New York Telephone Company, Respondent, v. Public Service Commission of the State of New York, Appellant

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

August 4, 1977

Attorney(s) appearing for the Case

Peter H. Schiff (Frank S. Robinson of counsel), for appellant.

George E. Ashley, Raymond F. Burke and Gerald M. Oscar (Davis, Polk & Wardwell [Lawrence E. Walsh of counsel]), for respondent.

DeGraff, Foy, Conway & Holt-Harris (Algird F. White, Jr., and Michael T. Wallender of counsel), for New York State Council of Retail Merchants, Inc., amicus curiae.

KOREMAN, P. J., GREENBLOTT, SWEENEY and MAHONEY, JJ., concur.

MAIN, J.

Pursuant to section 92 of the Public Service Law, petitioner filed with respondent, on November 17, 1976, tariff revisions designed to increase its gross annual operating revenues by $392.9 million and scheduled to take effect on December 18, 1976. Thereafter, respondent considered the filing and concluded, without benefit of a hearing, that it was not reasonably complete, that it did not conform with...

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