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MATTER OF CONCORD ASSOCIATES, L.P. v. PUBLIC SERVICE COMMISSION OF STATE OF NEW YORK

301 A.D.2d 828 (2003)

754 N.Y.S.2d 93

In the Matter of CONCORD ASSOCIATES, L.P., Appellant, v. PUBLIC SERVICE COMMISSION OF STATE OF NEW YORK et al., Respondents.

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

Decided January 16, 2003.

Mugglin, J.

Prior to its bankruptcy, Kiamesha Concord, Inc. owned and operated the Concord Hotel, its golf courses and related properties in the Town of Thompson, Sullivan County. It was the only customer of respondent Kiamesha Artesian Spring Water Company, Inc. (hereinafter Kiamesha Artesian), which received unmetered (flat rate) water service. The service rate was set by respondent Public Service Commission (hereinafter the PSC) by service classification No. 3...

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