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MATTER OF LUYSTER CREEK, LLC v. NEW YORK STATE PUBLIC SERVICE COMMISSION

No. 68.

18 N.Y.3d 977 (2012)

In the Matter of LUYSTER CREEK, LLC, Appellant, v. NEW YORK STATE PUBLIC SERVICE COMMISSION et al., Respondents.

Court of Appeals of New York.

Decided April 26, 2012.

Attorney(s) appearing for the Case

Dex Law Firm, P.C., Albany ( John W. Dax and William F. McLaughlin of counsel), for appellant.

Peter McGowan , General Counsel, Albany ( Jonathan D. Feinberg and John C. Graham of counsel), for New York State Public Service Commission, respondent.

Davis Polk & Wardwell LLP, New York City ( Guy Miller Struve of counsel), and Scott A. Levinson and Stephen T. Brewi , for Consolidated Edison Company of New York, Inc., respondent.

Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur in memorandum; Chief Judge LIPPMAN and Judge READ taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, the petition should be granted and the April 2007 determination of the New York State Public Service Commission should be annulled.

In December 2001, petitioner Luyster Creek, LLC (Luyster Creek) and respondent Consolidated Edison Company of New York, Inc. (Con Edison) entered into a purchase agreement whereby Luyster Creek would purchase a parcel...

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