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MTR NY TEL. CO. v. PUB. SERV. COMMN.

258 A.D.2d 234 (1999)

695 N.Y.S.2d 191

In the Matter of NEW YORK TELEPHONE COMPANY, Appellant, 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.

September 2, 1999.

Attorney(s) appearing for the Case

Davis, Polk & Wardwell, New York City (Guy Miller Struve of counsel), and Sandra DiIorio Thorn for appellant.

Lawrence G. Malone, Albany (Carl F. Patka of counsel), for Public Service Commission of the State of New York, respondent.

Eliot Spitzer, Attorney General, New York City (Richard W. Golden of counsel), intervenor-respondent.

James F. Warden, Jr., Albany, for New York State Consumer Protection Board, intervenor-respondent.

CARDONA, P.J., SPAIN, CARPINELLO and GRAFFEO, JJ., concur.

OPINION OF THE COURT

MERCURE, J.

Prior to its breakup in 1984, AT&T provided local telephone service through a number of Bell operating companies (BOCs), including petitioner. Agreements between AT&T and the BOCs gave the latter rights to all AT&T patents, the research and systems engineering work conducted by Bell Telephone Laboratories, Inc. (hereinafter Bell Laboratories) and telephone equipment and technology produced by AT&T's Western...

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