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MATTER OF BEST PAYPHONES, INC. v. PUBLIC SERV. COMMN. OF STATE OF N.Y.

529846.

192 A.D.3d 1416 (2021)

2021 NY Slip Op 01815

In the Matter of Best Payphones, Inc., Appellant, v. Public Service Commission of the State of New York et al., Respondents. (Proceeding No. 1.) (And Two Related Proceedings.) In the Matter of Independent Payphone Association of New York, Inc., on Behalf of Itself and its Member Companies, et al., Appellants, v. Public Service Commission of the State of New York et al., Respondents. (Proceeding No. 4.)

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

Decided March 25, 2021.

Attorney(s) appearing for the Case

David Bolton, PC, Garden City ( David Bolton of counsel), for Best Payphones, Inc., appellant.

Keith J. Roland , Albany, for Independent Payphone Association of New York, Inc. and others, appellants.

Robert Rosenthal , General Counsel, Public Service Commission, Albany ( Alina Buccella of counsel), for Public Service Commission of the State of York, respondent.

Joseph A. Post , New York City, for Verizon New York, Inc., respondent.

Lynch, J.P., Clark, Reynolds Fitzgerald and Colangelo, JJ., concur.

A factual and regulatory background is set forth in a prior related appeal (Matter of Independent Payphone Assn. of N.Y. v Public Serv. Commn. of State of N.Y., 5 A.D.3d 960 [2004], lv denied 3 N.Y.3d 607 [2004]). As relevant here, after the amendment...

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