CITY COUNCIL v. PSC


185 Misc.2d 230 (2000)

712 N.Y.S.2d 320

CITY COUNCIL OF THE CITY OF NEW YORK, Petitioner, v. PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK et al., Respondents.

Supreme Court, Albany County.

July 5, 2000.


Attorney(s) appearing for the Case

Emery, Cuti, Brinckerhoff & Abady, New York City, for petitioner.

Lawrence G. Malone, Albany (Michelle L. Phillips of counsel), for Public Service Commission of State of New York, respondent.

Michael D. Hess, Corporation Counsel (Lewis S. Finkelman of counsel), for Rudolph W. Giuliani, as Mayor of City of New York, and others, respondents.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for Time Warner Cable of New York City and others, respondents.

Graubard, Mollen & Miller, New York City, for Cablevision Systems of New York City Corporation, respondent.


OPINION OF THE COURT

GEORGE B. CERESIA, JR., J.

Petitioner in the instant CPLR article 78 proceeding seeks to annul the award of certain cable franchise renewal agreements between the City of New York and Time Warner Cable of New York City (Time Warner), and between the City of New York and Cablevision Systems of New York City Corporation (Cablevision). Prior to the instant determinations Time Warner had been awarded, and controlled, seven of nine cable...

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