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  5. 42 N.Y.2d 916 (1977)
 

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

42 N.Y.2d 916 (1977)

In the Matter of the City of New York, Respondent, and Robert M. Morgenthau, as District Attorney of New York County, et al., Intervenors-Respondents, v. Public Service Commission of the State of New York, Appellant, and Louis J. Lefkowitz, as Attorney-General of the State of New York, Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided June 30, 1977.

Attorney(s) appearing for the Case

Peter H. Schiff and Howard J. Read for appellant.

W. Bernard Richland, Corporation Counsel (John C. Brennan, L. Kevin Sheridan and Alexander Gigante, Jr., of counsel), for respondent.

Robert M. Morgenthau, New York County District Attorney (Ann Elizabeth Lewis, Peter L. Zimroth and Robert M. Pitler of counsel), for intervenor-respondent.

Sol Greenberg, Albany County District Attorney (George H. Barber of counsel), for intervenor-respondent.

Michael R. Wolford for Rochester Telephone Corporation and another, amici curiae.

George A. Ashley, Raymond F. Burke and Robert E. Scannell for New York Telephone Company, amicus curiae.

Edward F. Skoda for General Telephone Company of Upstate New York, Inc., amicus curiae.

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

Order affirmed, with costs, on the opinions by Mr. Justice J. CLARENCE HERLIHY at the Appellate Division (53 A.D.2d 164) and by Mr. Justice JOHN T. CASEY at...

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