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MATTER OF CONSOL. EDISON CO. OF NEW YORK, INC. v. STATE BD. OF EQUALIZATION & ASSESSMENT

58 N.Y.2d 710 (1982)

In the Matter of Consolidated Edison Company of New York, Inc., Appellant, v. State Board of Equalization and Assessment, Respondent and Village of Pleasantville et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided December 2, 1982.

Attorney(s) appearing for the Case

Mark S. Tulis, Ernest J. Williams, Martin B. Cowan and Suzanne E. Hawkins for appellant.

Robert Abrams, Attorney-General (Vernon Stuart and Peter H. Schiff of counsel), for respondent.

Melvin H. Osterman, Jr., Michael Whiteman and Kevin Young for Westchester Municipalities, intervenors-respondents.

Frederick A. O. Schwarz, Jr., Corporation Counsel (John P. MacArthur of counsel), for City of New York, intervenor-respondent.

G. Robert Witmer, Jr., David M. Lascell, John B. Hood and Gary J. Jakaitis for National Fuel Gas Distribution Corporation and another, amici curiae.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the negative.

The only question before us on this appeal is whether the Appellate Division erred in holding that Special Term abused its discretion as a matter of law in allowing the filing by petitioner of a supplemental appraisal, the original appraisal filed by it under 22 NYCRR 839.2 not having...

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