MATTER OF KESSEL v. PSC


193 A.D.2d 339 (1993)

In the Matter of Richard M. Kessel, as Executive Director of The State of New York Consumer Protection Board, et al., Petitioners, v. Public Service Commission of the State of New York et al., Respondents. (And Another Related Proceeding.) (Proceeding No. 1.) In the Matter of New York Telephone Company, Appellant, v. Public Service Commission of the State of New York, Respondent. (Proceeding No. 2.)

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

November 10, 1993


Attorney(s) appearing for the Case

Rafael Epstein, Albany (Joel Blau and Philip S. Shapiro of counsel), and John W. Corwin and Keith H. Gordon, New York City, for Richard M. Kessel, petitioner.

Robert Abrams, Attorney-General, New York City (Keith H. Gordon of counsel), petitioner pro se.

Gerald Norlander, Albany (Jere B. Fletcher of counsel), for Public Utility Law Project of New York, Inc., petitioner.

Davis, Polk & Wardwell, New York City (Guy M. Struve, Seth R. Lesser and David Rosenfeld of counsel), and John M. Clarke and Thomas J. Farrelly, New York City, for appellant.

William J. Cowan, Albany (Jonathan D. Feinberg and Lawrence G. Malone of counsel), for Public Service Commission of State of New York, respondent.

MIKOLL, J. P., YESAWICH JR., MERCURE and CREW III, JJ., concur.


MAHONEY, J.

In November 1984, respondent New York Telephone (hereinafter NYT) filed a general rate increase request with respondent Public Service Commission (hereinafter the PSC). By way of resolution, the PSC ultimately approved an increase of $226 million (less than 30% of the $775 million originally sought) and adopted a moratorium plan in an effort to prevent...

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