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MATTER OF NY TEL. CO. v. PSC

179 Misc.2d 301 (1998)

684 N.Y.S.2d 829

In the Matter of New York Telephone Company, Petitioner, v. Public Service Commission of the State of New York et al., Respondents. In the Matter of Black Radio Network, Inc., et al., Petitioners, v. Public Service Commission of the State of New York et al., Respondents. In the Matter of Arthur Evans, Individually and as a Member and Representative of the Ad Hoc Committee of Independent Information Providers, et al., Petitioners, v. Public Service Commission of the State of New York et al., Respondents.

Supreme Court, Albany County.

December 4, 1998

Attorney(s) appearing for the Case

Davis, Polk & Wardwell, New York City, for New York Telephone Company. Roland, Fogel, Koblenz & Carr, Albany, for Black Radio Network, Inc., and another. Arthur Evans, petitioner pro se. Samuel A. Cherniak, New York City, and Levy, Gutman, Goldberg & Kaplan, New York City (Jeremiah S. Gutman of counsel), for Arthur Evans and another, petitioners. Lawrence G. Malone, Albany (Diane T. Dean of counsel), for Public Service Commission of State of New York, respondent. Bressler, Amery & Ross, Morristown, New Jersey, for Phone Programs, Inc., and another, respondents. Karen S. Burstein, New York City, for Statistical Phone Philly and others, respondents.

GEORGE B. CERESIA, JR., J.

At issue in these three combined CPLR article 78 proceedings is a May 29, 1997 determination of the Public Service Commission (PSC) concerning New York Telephone's (NY Tel) mass announcement services (MAS), a service utilized by many different information providers (IPs) to offer to the public recorded information messages accessed by calling the specific

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