Matter of Owners Comm. on Elec. Rates v. Pub. Serv

Full title: In the Matter of OWNERS COMMITTEE ON ELECTRIC RATES, INC., Respondent, v…

Court: Court of Appeals of the State of New York

Date published: Jun 28, 1990

76 N.Y.2d 779 (N.Y. 1990)

559 N.Y.S.2d 957

559 N.E.2d 651

Opinion

Argued May 31, 1990

Decided June 28, 1990

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, William F. McDermott, J.

Lawrence G. Malone and William J. Cowan for appellant.

Joel R. Dichter, Martin C. Seham and Virginia Pettinelli for respondent.

Order reversed, with costs, and the Public Service Commission's motion to dismiss the petition granted for the reasons stated in the dissenting opinion by Justice Howard A. Levine at the Appellate Division ( 150 A.D.2d 45, 51-54). Certified question answered in the affirmative.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.