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ROCHESTER GAS & ELEC v. PSC

94 Misc.2d 356 (1978)

Rochester Gas and Electric Corp., Petitioner, v. Public Service Commission of the State of New York, Respondent.

Supreme Court, Special Term, Albany County.

May 3, 1978

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (Michael R. Lindburg and Richard N. George of counsel), for petitioner. Peter H. Schiff and Howard J. Read for Public Service Commission, respondent. Michael E. Hampden and John E. Kirklin, amicus curiae. Gould & Wilkie (Peter V. K. Funk, Jr. of counsel), for Central Hudson Gas & Electric Corporation, amicus curiae.

EDWARD S. CONWAY, J.

This is a proceeding pursuant to CPLR article 78 whereby petitioner, Rochester Gas and Electric Corp., seeks an order annulling the determinations of respondent Public Service Commission of the State of New York (Commission) of September 15, 1977 and November 2, 1977.

The Commission, after receiving complaints involving diversion of service and after the Legal Aid Society of the Bronx commenced a suit in Federal court against...

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