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MATTER OF DARA GARDENS MGMT. CORP. v. STATE OF NEW YORK DEP'T OF PUB. SERV.

97 A.D.2d 603 (1983)

In the Matter of Dara Gardens Management Corporation, Appellant, v. State of New York Department of Public Service et al., Respondents

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

October 13, 1983

Respondent Consolidated Edison Company of New York, Inc., provides an interruptible temperature controlled gas rate under a plan designated as "Service Classification No. 5" (SC-5). In return for reduced rates, SC-5 customers agree to interrupt their use of gas by changing to an alternate fuel (usually oil) when the temperature falls below 20 degrees Fahrenheit. SC-5 customers are required to install and maintain equipment capable of burning another fuel. If an SC-5 customer...

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