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MTR ABRAMS v. PUB. SERV. COMM.

104 A.D.2d 135 (1984)

In the Matter of Robert Abrams, as Attorney-General of The State of New York, Petitioner, v. Public Service Commission of the State of New York et al., Respondents

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

December 6, 1984

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Richard W. Golden, Peter Bienstock and John W. Corwin of counsel), petitioner pro se.

David E. Blabey (Lawrence G. Malone of counsel), for Public Service Commission of the State of New York, respondent.

Chanoch Lubling and Kronish, Lieb, Shainswit, Weiner & Hellman (Bernard L. Sanoff and Joy Tannian of counsel), for Consolidated Edison Company of New York, Inc., respondent.

KANE, J. P., MAIN, YESAWICH, JR., and LEVINE, JJ., concur.

HARVEY, J.

At the outset, it should be noted that although this CPLR article 78 proceeding was transferred to this court upon the motion of respondents, ostensibly on the issue of substantial evidence, petitioner raises no issue except those which he considers to be matters of law. Petitioner concedes that this court is free to hear and determine the matters now before it rather than to remit them to Special Term (see Matter of 125 Bar Corp. v State...

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