MATTER OF LEDERLE LABS. DIV. OF AM. CYANAMID CO. v. PUB. SERV. COMM'N OF THE STATE OF NEW YORK


84 A.D.2d 900 (1981)

In the Matter of Lederle Laboratories Division of American Cyanamid Company et al., Petitioners, v. Public Service Commission of the State of New York et al., Respondents

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

November 25, 1981


In this proceeding, petitioner challenges the procedural aspects of the hearing conducted by the Administrative Law Judge and the evidentiary basis for the commission's decision to implement a marginal cost-based rate structure with a summer/winter differential of approximately 3 to 1 and to reduce the minimum consumption payment required of the customers in the SC-5 classification. In our view, however, this proceeding must be dismissed before we reach the merits. By order...

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