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SUFFOLK COUNTY v. LIPA

177 Misc.2d 208 (1998)

673 N.Y.S.2d 545

Suffolk County, Petitioner, and Initiative for Competitive Energy, Intervenor-Petitioner, v. Long Island Power Authority et al., Respondents, and Nassau County Legislature, Intervenor-Respondent.

Supreme Court, Nassau County.

March 24, 1998

Attorney(s) appearing for the Case

Shaw, Licitra, Esernio & Schwartz, P. C., Garden City (Anton J. Borovina of counsel), and Scott Hempling, Silver Spring, Maryland, for petitioner. Roland, Fogel, Koblenz & Carr, Albany (Usher Fogel of counsel), for intervenor-petitioner. Rivkin, Radler & Kremer, Uniondale (Arthur J. Kremer and Evan H. Krinick of counsel), for Long Island Power Authority and others, respondents. Kramer, Levin, Naftalis & Frankel, New York City (Arthur H. Aufses III and Edward L. Jewett of counsel), for Long Island Lighting Company, respondent. Cullen & Dykman, Brooklyn (Steven L. Zelkowitz of counsel), for Brooklyn Union Gas Company, respondent. Edward A. Ambrosino, Mineola, and Frank Cutolo, Mineola, for intervenor-respondent.

ALLAN L. WINICK, J.

Petition pursuant to CPLR article 78 for a judgment annulling the respondent Long Island Power Authority's (LIPA) determination dated August 21, 1997, which ratified the definitive agreements between it and Long Island Lighting Company (LILCO) and accepted conditions imposed by the Public Authority Control Board (PACB) established by resolution dated July 16, 1997 is denied and the proceeding...

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