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COUNCIL OF CITY OF NY v. PSC

99 N.Y.2d 64 (2002)

781 N.E.2d 886

751 N.Y.S.2d 822

In the Matter of COUNCIL OF THE CITY OF NEW YORK, Appellant, v. PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK et al., Respondents.

Court of Appeals of the State of New York.

Decided October 22, 2002.

Attorney(s) appearing for the Case

Emery Cuti Brinckerhoff & Abady P.C., New York City (Richard D. Emery, Andrew Neuman, Christopher Collins, Matthew D. Brinckerhoff and David H. Gans of counsel), for appellant.

Michelle L. Phillips, Albany, and Lawrence G. Malone for Public Service Commission of the State of New York, respondent.

Michael A. Cardozo, Corporation Counsel, New York City (Lewis S. Finkelman, Leonard Koerner and Michael S. Adler of counsel), for Rudolph W. Giuliani and others, respondents.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Allan J. Arffa, Roberta A. Kaplan and Monica J. Stamm of counsel), for Time Warner Cable of New York City and others, respondents.

Graubard Miller, New York City (Kevin B. McGrath, Edward H. Pomeranz and Robert N. Rothberg of counsel), for Cablevision Systems New York City Corporation, respondent.

Chief Judge KAYE and Judges LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

SMITH, J.

The Council of the City of New York commenced this CPLR article 78 proceeding seeking to annul two orders of respondent Public Service Commission of the State of New York (PSC) approving the renewal of certain cable franchises belonging to respondents Time Warner Cable of New York City and Cablevision Systems New York City Corporation. The renewals had been negotiated on behalf...

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