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CONSUMER BD v. PUB. SERV

110 Misc.2d 1 (1981)

In the Matter of the Consumer Protection Board of the State of New York, Petitioner, v. Public Service Commission of the State of New York et al., Respondents.

Supreme Court, Special Term, Albany County.

July 7, 1981

Attorney(s) appearing for the Case

James F. Warden, Jr., for petitioner. Peter H. Schiff and Lawrence G. Malone for Public Service Commission of the State of New York, respondent. LeBoeuf, Lamb, Leiby & MacRae (Halcyon G. Skinner and Andrew Gansberg of counsel), for Niagara Mohawk Power Corporation, respondent.

LAWRENCE E. KAHN, J.

In this CPLR article 78 proceeding, the petitioner, Consumer Protection Board of the State of New York (CPB), seeks a judgment against the respondents, Public Service Commission of the State of New York (PSC) and Niagara Mohawk Power Corporation, annulling the PSC's determination 80-25, wherein it found no basis for concluding that the actions of Niagara Mohawk Power Corporation led to an...

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