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MTR. OF CON. ED. v. STATE BD.

103 A.D.2d 453 (1984)

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. (And 167 Other Related Proceedings.)

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

October 11, 1984

Attorney(s) appearing for the Case

Ernest J. Williams (Martin B. Cowan on behalf of Milbank, Tweed, Hadley & McCloy and Mark S. Tulis on behalf of Rosenberg, Tulis & Gaynin of counsel), for appellant.

Robert Abrams, Attorney-General (Michael S. Buskus of counsel), for State Board of Equalization and Assessment, respondent.

Whiteman, Osterman & Hanna (Michael Whiteman, Melvin H. Osterman, Jr., and Jonathan P. Nye of counsel), for Village of Pleasantville, intervenor-respondent.

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

Marvin S. Fink for Village of Scarsdale, intervenor-respondent.

McCarthy, Fingar, Donovan, Drazen & Smith (Henry J. Smith of counsel), for City of Mount Vernon and others, intervenors-respondents.

KANE, CASEY, WEISS and LEVINE, JJ., concur.

MAHONEY, P. J.

Petitioner is a public utility and owner of numerous special franchises in the City of New York and the Counties of Westchester and Rockland. A special franchise is the right to construct, maintain or operate mains, pipes and wires for conducting water, steam, electricity or gas in, under, above or upon a public street or other public place (see Real...

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