MATTER OF CMTY. MATERNITY SERV. v. GIOIA


151 A.D.2d 808 (1989)

In the Matter of Community Maternity Service et al., Respondents, v. Paul L. Gioia et al., Constituting The Public Service Commission of the State of New York, et al., Appellants

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

June 1, 1989


Weiss, J.

This appeal calls into question the continued validity of termination charges by respondent New York Telephone Company (hereinafter NYT) for two-tier terminal equipment services following the divestiture of AT & T. Pursuant to the usual terms for two-tier service, a methodology this court has previously approved (see, Matter of Tele/Resources v Public Serv. Commn.,

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