LILCO v. MACK


137 A.D.2d 285 (1988)

Long Island Lighting Co., et al., Plaintiffs, v. William L. Mack et al., Defendants

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

May 16, 1988


Attorney(s) appearing for the Case

Shea & Gould (Ronald H. Alenstein and Maurice N. Ross of counsel), and Anthony F. Earley, Jr., for Long Island Lighting Company, plaintiff. (One brief filed.)

Douglas Foster (Martin S. Kaufman of counsel), for Herbert Jaffe, plaintiff.

Skadden, Arps, Slate, Meagher & Flom (Jonathan J. Lerner, George A. Zimmerman and Seth M. Schwartz of counsel), for defendants.

Robert Abrams, Attorney-General (Ann Horowitz of counsel), in his statutory capacity under Executive Law § 71.

THOMPSON, J. P., BROWN and SULLIVAN, JJ., concur.


SPATT, J.

This is the latest in a series of cases involving the constitutionality of the Long Island Power Authority Act of 1986 (Public Authorities Law §§ 1020 — 1020-hh) which created the Long Island Power Authority (hereinafter LIPA) and authorized it, under certain circumstances, to acquire the Long Island Lighting Company (hereinafter LILCO) through either the purchase of its stock or the...

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