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MATTER OF NEW YORK TEL. CO. v. PSC

271 A.D.2d 35 (2000)

707 N.Y.S.2d 534

In the Matter of NEW YORK TELEPHONE COMPANY, Appellant, v. PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK et al., Respondents. (Proceeding No. 1.) In the Matter of BLACK RADIO NETWORK, INC., et al., Appellants, v. PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK et al., Respondents. (Proceeding No. 2.) In the Matter of ARTHUR EVANS, Individually and as a Member of the Ad Hoc Committee of Independent Information Providers, et al., Appellants, v. PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK et al., Respondents. (Proceeding No. 3.)

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

May 11, 2000.

Attorney(s) appearing for the Case

Davis, Polk & Wardwell, New York City (Guy Miller Struve of counsel), Rogers & Wells and Sandra Di Iorio Thorn, for New York Telephone Company, appellant.

Roland, Fogel, Koblenz & Petroccione, L. L. P., Albany (Keith J. Roland of counsel), for Black Radio Network Inc. and another, appellants.

Arthur Evans, Floral Park, appellant pro se.

Davis, Weber & Edwards, P. C., New York City (Norma B. Levy of counsel), for Arthur Evans and another, appellants.

Lawrence G. Malone, Albany (Diane T. Dean of counsel), for New York State Public Service Commission, respondent.

Bressler, Amery & Ross, New York City (David F. Bauman of counsel), for Phone Programs, Inc. and another, respondents.

Karen S. Burstein, New York City, for Statistical Phone Philly and others, respondents.

MERCURE, J. P., CREW III, PETERS, CARPINELLO and MUGGLIN, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Petitioners commenced these CPLR article 78 proceedings challenging certain portions of an opinion and order by respondent Public Service Commission (hereinafter PSC) issued on May 29, 1997 (1997 Opns Pub Serv Commn No. 97-7 [hereinafter Opinion 97-7]). New York Telephone Company's (hereinafter NYT)1 mass announcement service (hereinafter MAS) provides a system that enables telephone customers...

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