LONG ISLAND LIGHTING COMPANY, Plaintiff-Appellee, Cross-Appellant,
v.
Mario M. CUOMO, in his official capacity as Governor of the State of New York, Peter A. Bradford, in his official capacity as Chairman of the New York State Public Service Commission, Harold A. Jerry, Jr., Gail Garfield Schwartz, Eli M. Noam, James T. McFarland, Edward M. Kresky and Henry G. Williams, in their official capacities as Commissioners of the New York State Public Service Commission, the Long Island Power Authority, and William L. Mack, Irving Like, Nora Bredes, Leon Campo, Richard Kessel, Stephen Liss, Vincent Tese, John Adam Kanas, and Martin Bernstein, in their official capacities as Trustees of the Long Island Power Authority, Defendants,
Shoreham-Wading River Central School District and the Assessor and the Board of Assessment for the Town of Brookhaven, Intervenors-Defendants,
New York State Public Service Commission, Mario M. Cuomo, Long Island Power Authority, Defendants-Appellants, Cross-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued January 25, 1988.
Dismissed by order January 18, 1989.
Reinstated July 21, 1989.
Decided October 18, 1989.
Attorney(s) appearing for the Case
Michael Lesch, New York City (John G. Nicolich, Barry V. Sautman, Shea & Gould, New York City, Anthony F. Earley, Jr., General Counsel, Long Island Lighting Co., of counsel), for appellant Long Island Lighting Co.
Lawrence G. Malone, Albany, N.Y. (Robert A. Simpson, Acting Counsel, New York State Dept. of Public Service, Margery F. Baker, Jonathan D. Feinberg, New York State Dept. of Public Service, Albany, N.Y., of counsel), for appellant New York State Public Service Com'n.
Robert Abrams, Atty. Gen. of the State of N.Y., O. Peter Sherwood, Sol. Gen., John W. Corwin, Alfred L. Nardelli, Mary M. Gundrum, Samuel A. Cherniak, Harvey Berman, Asst. Attys. Gen., Fabian Palomino, Sp. Counsel to the Governor, New York City, for appellant Governor Mario M. Cuomo.
David A. Brownlee, Pittsburgh, PA (Michael J. Lynch, Kenneth M. Argentieri, Kirkpatrick & Lockhart, Pittsburgh, PA, Herbert H. Brown, Lawrence Coe Lanpher, Kirkpatrick & Lockhart, Washington, D.C., of counsel), for appellees Long Island Power Authority and Its Individual Trustees.
K. Dennis Sisk, New York City (David F. Peters, Edward M. Barrett, George V. Cook, Hunton & Williams, New York City, Anthony F. Earley, Jr., General Counsel, Long Island Lighting Co., of counsel), for appellee Long Island Lighting Co.
Before MESKILL, ALTIMARI and MAHONEY, Circuit Judges.
United States Court of Appeals, Second Circuit.
MESKILL, Circuit Judge:
Defendants-appellants Mario M. Cuomo, Governor of the State of New York, and the New York State Public Service Commission (PSC) appeal from that part of a judgment entered in the United States District Court for the Northern District of New York, Munson, C.J., that granted plaintiff-appellee Long Island Lighting Company's (LILCO) motion for summary judgment and declared the Used and Useful Act, N.Y.Pub.Serv.Law § 66(24) (McKinney...
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