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MATTER OF COUNTY OF WESTCHESTER v. POWER AUTH. OF THE STATE OF NEW YORK

188 A.D.2d 432 (1992)

In the Matter of County of Westchester et al., Appellants, v. Power Authority of the State of New York, Also Known as New York Power Authority, Respondent, and Upstate Utility Service Association et al., Intervenors-Respondents

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

December 29, 1992

As the IAS Court determined, most of the directives in Public Authorities Law § 1005 (5) are discretionary and present nonjusticiable policy questions (see, Matter of New York State Inspection, Sec. & Law Enforcement Empls. v Cuomo, 64 N.Y.2d 233), and the rest are couched in general terms that were clearly fulfilled by respondent's allocation which took into account numerous and complex economic factors affecting...

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