MTR ABRAMS v. PUB. SERV


118 Misc.2d 668 (1981)

In the Matter of Robert Abrams, as Attorney-General of the State of New York, et al., Petitioners, v. Public Service Commission et al., Respondents.

Supreme Court, Special Term, Albany County.

November 21, 1981


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General, petitioner pro se, and for Simpson Street Development Association and another, petitioners. David E. Blabey for Public Service Commission, respondent. George E. Ashley for New York Telephone Company, respondent.


DANIEL H. PRIOR, JR., J.

Petitioners seek to annul part of respondent Public Service Commission's Opinion No. 81-3 dated January 19, 1981, insofar as it authorizes the allowance of deferred taxes in the recoverable revenue requirement in telephone rate setting, together with related relief. The controversy concerns an accounting procedure called normalization.

When a public utility makes a capital expenditure, the tax law allows the expenditure...

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