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NY TEL CO v. PUB SERV COMM

82 A.D.2d 172 (1981)

In the Matter of New York Telephone Company, Appellant, v. Public Service Commission of the State of New York, Respondent. Robert Abrams, as Attorney-General of The State of New York, et al., Intervenors-Respondents

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

July 23, 1981

Attorney(s) appearing for the Case

Davis Polk & Wardwell (Guy M. Struve, L. Gordon Harriss, James L. Kerr and James E. Flynn of counsel), Harold S. Levy and Gerald M. Oscar for appellant.

Peter H. Schiff (Charles R. Gibson of counsel), for respondent.

Melvyn Leventhal (John F. Duane and Paulann M. Caplovitz of counsel), for Robert Abrams, Attorney-General, intervenor-respondent.

McKenna, Wilkinson & Kittner (Norman P. Leventhal, Joseph M. Kittner and Virginia S. Carson of counsel), for American Broadcasting Companies, Inc., and others, intervenors-respondents.

MAHONEY, P. J., YESAWICH, JR., and WEISS, JJ., concur.

MIKOLL, J.

The intervenors-respondents sought to have admitted into evidence at a hearing in a rate-making proceeding portions of New York Telephone Company's migration study. This study outlined certain of the company's marketing projections and strategies. New York Telephone Company (hereinafter NYTEL) opposed introduction of the study on the grounds that it was not relevant and, even if relevant, it constituted...

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