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Matter of Occidental Chem. v. Pub. Serv. Comm

Appellate Division of the Supreme Court of New York, Third Department
Dec 30, 1983
98 A.D.2d 945 (N.Y. App. Div. 1983)

Opinion

December 30, 1983


Appeal from a judgment of the Supreme Court at Special Term (Kahn, J.), entered May 2, 1983 in Albany County, which granted petitioner's application, in a proceeding pursuant to CPLR article 78, to annul a declaratory ruling and order issued by respondent Public Service Commission and to direct said commission to enter an order declaring that petitioner is entitled to receive a rate of at least 6 cents per kilowatt hour on all sales of power made on or after July 6, 1982. In view of the decision of this court in Matter of Consolidated Edison Co. v. Public Serv. Comm. ( 98 A.D.2d 377), the instant matter should be remitted to Special Term for further consideration in light of that case. Decision withheld, and matter remitted to Special Term for reconsideration under the holding of Matter of Consolidated Edison Co. v. Public Serv. Comm. ( 98 A.D.2d 377). Mahoney, P.J., Sweeney, Kane and Levine, JJ., concur; Mikoll, J., not taking part.


Summaries of

Matter of Occidental Chem. v. Pub. Serv. Comm

Appellate Division of the Supreme Court of New York, Third Department
Dec 30, 1983
98 A.D.2d 945 (N.Y. App. Div. 1983)
Case details for

Matter of Occidental Chem. v. Pub. Serv. Comm

Case Details

Full title:In the Matter of OCCIDENTAL CHEMICAL CORPORATION, Respondent, v. PUBLIC…

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

Date published: Dec 30, 1983

Citations

98 A.D.2d 945 (N.Y. App. Div. 1983)

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