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MATTER OF HOME DEPOT U.S.A., INC. v. STATE OF NEW YORK PUBLIC SERVICE COMMISSION

512846.

92 A.D.3d 1012 (2012)

937 N.Y.S.2d 688

2012 NY Slip Op 695

In the Matter of HOME DEPOT U.S.A., INC., et al., Appellants, v. STATE OF NEW YORK PUBLIC SERVICE COMMISSION et al., Respondents.

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

Decided February 2, 2012.

MERCURE, A.P.J.

The underlying facts are set forth in our prior decision involving this same matter (Matter of Home Depot U.S.A., Inc. v New York State Pub. Serv. Commn., 55 A.D.3d 1111 [2008]). As relevant here, Emgee Highlands Corporation is the developer of a commercial shopping plaza in the Town of Southeast, Putnam County. Emgee created respondent Independent Water Works, Inc. (hereinafter IWW) for the sole purpose of...

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