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IN THE MATTER OF CITY OF NEW YORK v. PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK

29 A.D.3d 1152 (2006)

819 N.Y.S.2d 110

In the Matter of CITY OF NEW YORK, Respondent, v. PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK et al., Appellants, and CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Respondent.

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

May 11, 2006.

Mugglin, J.

In a related proceeding previously decided by this Court (Matter of County of Westchester v Helmer, 296 A.D.2d 68 [2002], lv denied 99 N.Y.2d 502 [2002]), the factual background of this appeal is described as follows:

"In September 1997, [respondent Consolidated Edison Company of New York, Inc. (hereinafter Con Ed)] and other parties entered into a negotiated settlement (hereinafter the 1997 settlement...

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