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MTR OF CHERNOW ASSOCS. v. PSC

230 A.D.2d 476 (1997)

659 N.Y.S.2d 134

In the Matter of Ronald Chernow Associates, Inc., et al., Appellants, v. Public Service Commission of the State of New York et al., Respondents

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

June 26, 1997

Attorney(s) appearing for the Case

Roland, Fogel, Koblenz & Carr, L. L. P., Albany (Keith J. Roland of counsel), for appellants.

Maureen O. Helmer, Albany (Maureen J. McCauley of counsel), for Public Service Commission of the State of New York, respondent.

Robert P. Slevin, New York City, for New York Telephone Company, respondent.

CARDONA, P. J., CASEY, PETERS and SPAIN, JJ., concur.

MERCURE, J.

Under the policy it applied prior to January 1994, when respondent New York Telephone Company (hereinafter NYT) made a refund of overbilled charges, it paid its customer interest on the amount of the overbilled services but not on the portion of the overbilling attributable to taxes and surcharges. However, in connection with its adjudication of a refund...

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