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NIAGARA MOHAWK v. PSC

153 Misc.2d 530 (1992)

In the Matter of Niagara Mohawk Power Corporation, Petitioner, v. New York State Public Service Commission et al., Respondents.

Supreme Court, Albany County.

March 6, 1992

Attorney(s) appearing for the Case

Hiscock & Barclay (David E. Blabey of counsel), and John W. Keib for petitioner. William J. Cowan (Jonathan D. Feinberg of counsel), for New York State Public Service Commission, respondent. Duncan, Weinberg, Miller & Pembroke, P. C. (Wallace L. Duncan, Jeffrey C. Genzer and Melinda J. Horgan of counsel), and Thomas J. Lynch for Village of Solvay, respondent. Charles M. Pratt (Joseph J. Carline and Jacqueline J. Kmiotek of counsel), for Power Authority of the State of New York, amicus curiae.

F. WARREN TRAVERS, J.

In this CPLR article 78 proceeding, the petitioner contends that the respondent, New York State Public Service Commission (Commission), erred as a matter of law. Respondent Commission determined that it lacked jurisdiction over the Village of Solvay (Village) in an administrative proceeding before it and dismissed the petition.

The Village has operated a municipal electric plant...

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