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ROCHESTER GAS & ELEC. v. PSC

66 A.D.2d 509 (1979)

Rochester Gas and Electric Corporation, 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.

March 8, 1979

Attorney(s) appearing for the Case

Peter H. Schiff (Howard J. Read of counsel), for appellant.

Nixon, Hargrave, Devans & Doyle (Michael R. Lindburg and Richard N. George of counsel), for respondent.

Kalman Finkel (John E. Kirklin, Carol Kellermann and Michael D. Hampden of counsel), for Legal Aid Society of New York City, amicus curiae.

Bernard Hulkower (Thomas J. Farrelly of counsel), for Consolidated Edison Company of New York, Inc., amicus curiae.

Gould & Wilkie (Peter V. K. Funk of counsel), for Central Hudson Gas & Electric Corp., amicus curiae.

GREENBLOTT, J. P., KANE, MAIN and MIKOLL, JJ., concur.

HERLIHY, J.

The Public Service Commission (hereinafter Commission) became aware that tenants of multiple dwellings were in some instances being subjected to a diversion of their electricity for the benefit of their landlords or other tenants. It was entirely possible that neither the tenant nor the landlord or other beneficiary of the diversion would know of such a diversion prior to investigation on behalf of...

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