MATTER OF NY TEL. CO. v. PSC


62 N.Y.2d 57 (1984)

In the Matter of New York Telephone Company, Respondent, v. Public Service Commission, Appellant.

Court of Appeals of the State of New York.

Decided May 10, 1984.


Attorney(s) appearing for the Case

Charles R. Gibson and David E. Blabey for appellant.

John M. Clarke, Gerald E. Murray, Campbell L. Ayling and Richard Pu for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, SIMONS and KAYE concur.


MEYER, J.

The determination of the Public Service Commission that because the New York Telephone Company had not used studies based on seven-calendar-day holding time in its rate request it could not use updated operator work time studies covering the five days of the business week is arbitrary because without rational basis. The order of the Appellate Division should, therefore, be affirmed, with costs.

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