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  5. 77 N.Y.2d 611 (1991)
 

CRESCENT ESTATES CO. v. PSC

77 N.Y.2d 611 (1991)

In the Matter of Crescent Estates Water Company, Inc., Respondent, v. Public Service Commission of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided April 4, 1991.

Attorney(s) appearing for the Case

Kathryn C. Brown, William J. Cowan and Lawrence G. Malone for appellant.

Keith J. Roland, Usher Fogel and Emilio Petroccione for respondent.

Chief Judge WACHTLER and Judges SIMONS, TITONE and HANCOCK, JR., concur with Judge ALEXANDER; Judge KAYE dissents and votes to reverse in a separate opinion in which Judge BELLACOSA concurs.

ALEXANDER, J.

The Public Service Commission (PSC or Commission) appeals, by leave of this Court, from an order of the Appellate Division, Third Department, which modified its determination as to revenue requirements and allocation for Crescent Estates Water Company (Crescent or Company) by annulling so much thereof as imputed to Crescent operating revenues from homeowners residing outside the Company's approved...

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