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KOCH v. DYSON

85 A.D.2d 346 (1982)

Edward I. Koch, as Mayor of The City of New York, et al., Petitioners, v. John S. Dyson, as Chairman of the Power Authority of The State of New York, et al., Respondents In the Matter of Guy V. Molinari, Petitioner, v. Power Authority of the State of New York et al., Respondents In the Matter of Elizabeth Connelly, Petitioner, v. Power Authority of the State of New York et al., Respondents

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

March 23, 1982

Attorney(s) appearing for the Case

Frederick A.O. Schwarz, Jr., Corporation Counsel (Jay B. Itkowitz, Leonard Koerner, Stephen P. Kramer, John C. Brennan and Richard Bowers of counsel), for Edward I. Koch and another, petitioners.

Carolyn M. Halk (Karen F. McGee, Paul Hollender, Andrew B. McGee, Joel W. Pangborn and Catherine M. Paulo of counsel), for Guy V. Molinari, petitioner.

Frank V. Ponterio for Elizabeth Connelly, petitioner.

Thomas R. Frey (Gerald C. Goldstein, Reina Barcan, Wendy M. Lane, Karen A. Kimmel and Barry R. Fischer of counsel), for Power Authority of the State of New York, respondent.

David E. Blabey (Sam Laniado of counsel), for New York State Board on Electric Generation Siting & the Environment, respondent.

MANGANO, THOMPSON and BRACKEN, JJ., concur with MOLLEN, P. J.; TITONE, J., concurs in part and dissents in part, with an opinion.

MOLLEN, P. J.

In these original proceedings pursuant to section 148 of the Public Service Law, petitioners challenge a determination of the New York State Board on Electric Generation Siting and the Environment (Siting Board), which authorized the Power Authority of the State of New York (PASNY) to construct a 700 megawatt fossil fueled power plant at Arthur Kill near Travis, Staten Island. Prior to reaching...

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