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MTR OF CABLE TEL v. PUB SERV

108 Misc.2d 735 (1981)

In the Matter of New York State Cable Television Association, Petitioner, v. New York State Public Service Commission, Respondent.

Supreme Court, Special Term, Albany County.

May 8, 1981

Attorney(s) appearing for the Case

Hogan & Hartson (Gardner F. Gillespie and Cathy A. Simon of counsel), and Shea & Gould (Bernard D. Fischman and Larry F. Gainen of counsel), for petitioner. Peter H. Schiff and John W. Dax for respondent. George E. Ashley, John M. Clarke and Burton R. Sueskind for Empire City Subway Company, Ltd., intervenor.

EDWARD S. CONWAY, J.

This is an article 78 proceeding in which petitioner seeks an order annulling a determination of respondent New York State Public Service Commission (PSC), that respondent is without authority to regulate the use by cable television companies of conduit space owned by Empire City Subway Company, Ltd. (Empire).

Petitioner is a nonprofit trade association of cable television systems. Two of the association's members, Teleprompter...

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