Opinion
Argued March 8, 2001.
May 14, 2001.
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Long Island Power Authority, dated July 19, 1999, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Warshawsky, J.), entered February 28, 2000, which denied the petition and dismissed the proceeding.
Previte, Farber Rosen, P.C., Rego Park, N.Y. (John Feijoo of counsel), for appellant.
Adams, Dayter Sheehan, LLP, Albany, N.Y. (Timothy P. Sheehan of counsel), and Stanley B. Klimberg, Uniondale, N.Y., for respondent (one brief filed).
Before: SANTUCCI, J.P., ALTMAN, FLORIO and LUCIANO, JJ.
ORDERED that the judgment is affirmed, with costs.
We agree with the Supreme Court that the respondent's determination was neither arbitrary nor capricious (see, CPLR 7803; Matter of Pell v. Board of Educ., 34 N.Y.2d 222). The respondent's interpretation of the applicable tariff is not contrary to its plain language or otherwise irrational or unreasonable (see, Matter of Bronxwood Home for the Aged v. Public Serv. Commn. of State of N.Y., 218 A.D.2d 882; Matter of Consolidated Communication Consultant Servs. v. New York State Pub. Serv. Commn., 195 A.D.2d 849, 851; Matter of Inc. Vil. of Val. Stream v. State of New York Public Serv. Commn., 107 A.D.2d 856, 857).