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NEW YORK TEL. CO. v. STATE

58 N.Y.2d 658 (1982)

New York Telephone Company, Respondent, v. State of New York, Division of State Police, Appellant. (Claim No. 60423.)

Court of Appeals of the State of New York.

Decided November 18, 1982.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Richard J. Dorsey and William J. Kogan of counsel), for appellant.

Martin J. Murtagh and Saul Scheier for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and MEYER concur; Judges GABRIELLI and FUCHSBERG taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Claimant contracted with defendant to provide "Dataspeed 40" telecommunications services for the State Police teletype system, and the Public Service Commission (PSC) approved claimant's rate tariffs for that service. As part of a subsequent general rate case, the PSC ordered a rate increase for claimant's "Dataspeed 40" service. In a...

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