DELAWARE ELEC v. POWER AUTH


96 A.D.2d 154 (1983)

Delaware County Electric Cooperative, Inc., et al., Respondents, v. Power Authority of the State of New York et al., Appellants

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

November 4, 1983


Attorney(s) appearing for the Case

Stephen L. Baum (Gerald C. Goldstein, Wendy M. Lane and Reina Barcan of counsel), for Power Authority of the State of New York, appellant.

Huber, Lawrence & Abell (Frederic H. Lawrence and Kenneth M. Jasinski of counsel), for New York State Electric & Gas Corp., appellant.

Hodgson, Russ, Andrews, Woods & Goodyear (Victor T. Fuzak, Richard F. Campbell and Howard E. Berger of counsel), for respondents.

HANCOCK, JR., J. P., CALLAHAN, DOERR and BOOMER, JJ., concur.


MOULE, J.

The principal question on this appeal concerns the interpretation of sections 1005 and 1009 of the Public Authorities Law.

Each of the four plaintiffs is a not-for-profit rural electric cooperative incorporated pursuant to the Rural Electric Cooperative Law for the purpose of supplying low-cost electric service to sparsely populated regions of the State which are not served by a private utility...

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