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CITIZENS FOR ENERGY v. CUOMO

144 Misc.2d 281 (1989)

In the Matter of Citizens for an Orderly Energy Policy, Inc., et al., Petitioners, v. Mario M. Cuomo, as Governor of the State of New York, et al., Respondents.

Supreme Court, Albany County.

July 25, 1989

Attorney(s) appearing for the Case

Lewis & Greer, P. C., for petitioners. Robert Abrams, Attorney-General (Mary Ellen Burns, John W. Corwin, Mary Hilgeman, Charlie Donaldson and Samuel A. Cherniak of counsel), for Mario M. Cuomo, respondent. William J. Cowan, General Counsel (Lawrence G. Malone and Jonathan D. Feinberg of counsel), for Public Service Commission. Victor A. Staffieri for Long Island Lighting Company, respondent. Stanley B. Klimberg, General Counsel, and Skadden, Arps, Slate, Meagher & Flom for Long Island Power Authority, respondent. Charles M. Pratt, Arthur T. Cambouris, Wendy M. Lane, Andrea S. Procario and Andree M. Peart for Power Authority of the State of New York, respondent.

LAWRENCE E. KAHN, J.

The above-captioned CPLR article 78 proceeding seeks to invalidate an agreement dated February 28, 1989 which authorizes the transfer of the Shoreham Nuclear Power Station to the Long Island Power Authority for decommissioning. It seeks further relief invalidating certain determinations of the Boards of the Long Island Power Authority (LIPA) and the New York Power Authority (NYPA), and...

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