ATWELL v. POWER AUTH.


67 A.D.2d 365 (1979)

Merlin Atwell et al., Appellants, v. Power Authority of the State of New York et al., Respondents. (Proceeding No. 1.) In the Matter of Upset, Inc., Petitioner, v. Public Service Commission et al., Respondents. (Proceeding No. 2.) In the Matter of Power Authority of the State of New York, Petitioner, v. Public Service Commission of the State of New York, Respondent. (Proceeding No. 3.)

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

April 19, 1979


Attorney(s) appearing for the Case

The Clements Firm (Mahlon T. Clements of counsel), for Merlin Atwell and others, appellants.

Lewis R. Bennett (Vito J. Cassan, Charles M. Pratt, Francis Bergan and Francis X. Wallace of counsel), for Power Authority of the State of New York, petitioner in Proceeding No. 3 and Power Authority and others, respondents in Proceedings No. 1 and No. 2.

Peter H. Schiff (John C. Crary, Roberta A. Simpson and John W. Dax of counsel), for Public Service Commission of the State of New York and another, respondents.

Louis J. Lefkowitz, Attorney-General, for William C. Hennessy and another, respondents.

SWEENEY and MAIN, JJ., concur with GREENBLOTT, J.; MAHONEY, P. J., and KANE, J., concur in part and dissent in part in an opinion by MAHONEY, P. J.


GREENBLOTT, J.

PROCEEDING NO. 1

On August 24, 1977, plaintiffs commenced an action seeking declaratory and injunctive relief against the continued construction of a 765 kV transmission line. The first cause of action1 alleges that the resolution of need of the Power Authority of the State of New York (PASNY), dated July 11, 1973...

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