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MATTER OF PUB. SERV. COMM'N OF THE STATE OF NEW YORK v. JAMAICA WATER SUPPLY CO.

42 N.Y.2d 880 (1977)

In the Matter of the Public Service Commission of the State of New York, Respondent, v. Jamaica Water Supply Company et al., Appellants.

Court of Appeals of the State of New York.

Decided June 14, 1977.

Attorney(s) appearing for the Case

Bernard S. Meyer for appellants.

Charles R. Gibson and Peter H. Schiff for respondent.

W. Bernard Richland, Corporation Counsel (L. Kevin Sheridan, Alexander Gigante, Jr., and John C. Brennan of counsel), for City of New York, amicus curiae.

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

MEMORANDUM.

Order of the Appellate Division affirmed, with costs, on the opinion of Mr. Justice J. CLARENCE HERLIHY at the Appellate Division.

It is only necessary to add the following: People ex rel. New York Rys. Co. v Public Serv. Comm. (223 N.Y. 373) may seem to suggest a more restricted view of the powers of the commission to assure adequacy of service. Its discussion, however, is concerned with a less...

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