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WESTCHESTER COUNTY v. HELMER

296 A.D.2d 68 (2002)

748 N.Y.S.2d 174

In the Matter of COUNTY OF WESTCHESTER et al., Appellants, v. MAUREEN O. HELMER, as Chair of the Public Service Commission of the State of New York, et al., Respondents. (And Another Related Proceeding.)

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

July 25, 2002.

Attorney(s) appearing for the Case

Epstein, Becker & Green P.C., New York City (Alan D. Scheinkman of counsel), for appellants.

Lawrence G. Malone, New York State Public Service Commission, Albany (Jonathan D. Feinberg of counsel), for Maureen O. Helmer and others, respondents.

Mary L. Krayeske, New York City, for Consolidated Edison Company of New York, Inc., respondent.

Michael A. Cardoza, Corporation Counsel, New York City (Janet L. Zaleon of counsel), for New York City, respondent.

MERCURE, SPAIN, CARPINELLO and MUGGLIN, JJ., concur.

OPINION OF THE COURT

CARDONA, P.J.

In May 1996, respondent Public Service Commission (hereinafter the PSC) issued an opinion mandating the restructuring of the electric utility industry within the state (see, 1996 NY PSC Op No. 96-12). Among the goals of the reorganization was increased competition and deregulation within the industry, with an eye to greater consumer choice and an overall reduction of energy rates (see, id.; see also, Matter...

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