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MATTER OF NIAGARA MOHAWK POWER CORPORATION v. GREEN ISLAND POWER AUTHORITY

265 A.D.2d 711 (1999)

697 N.Y.S.2d 700

In the Matter of NIAGARA MOHAWK POWER CORPORATION, Petitioner, v. GREEN ISLAND POWER AUTHORITY, Respondent. (And Another Related Proceeding.)

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

Decided October 21, 1999.

Yesawich Jr., J.

As part of a divestiture plan, petitioner Niagara Mohawk Power Corporation (hereinafter NIMO) agreed to sell 72 power plants including the Green Island Hydroelectric Plant (hereinafter the Plant)—the subject of this proceeding—to petitioner Orion Power Holdings, Inc. and Erie Boulevard Hydropower, L.P. (hereinafter referred to as Orion/Erie). Following NIMO's rejection of respondent's offer to purchase the Plant, respondent instituted...

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