MATTER OF LEFKOWITZ v. PUB. SERV. COMM'N


40 N.Y.2d 1047 (1976)

In the Matter of Louis J. Lefkowitz, as Attorney-General of the State of New York, et al., Respondents, and New York State Urban Development Corporation, Respondent-Appellant, v. Public Service Commission, Appellant. Consolidated Edison Company of New York et al., Intervenors-Appellants.

Court of Appeals of the State of New York.

Decided December 28, 1976.


Attorney(s) appearing for the Case

Peter H. Schiff and John C. Crary for Public Service Commission, appellant.

Bernard L. Sanoff, Walter A. Morris, Jr., Joy Tannian, Peter Garam, Richard W. Babinecz and Leon Z. Mener for Consolidated Edison Company of New York, Inc., intervenor-appellant.

Ronald D. Jones, Garard A. Maher, Andrew Gansberg and Michael J. Williams for Orange and Rockland Utilities, Inc., intervenor-appellant.

Andrew E. Zelman, Martin C. Seham and Andrew M. Crisses for New York State Urban Development Corporation, respondent-appellant.

Louis J. Lefkowitz, Attorney-General (Cyril H. Moore, Jr., and Philip Weinberg of counsel), respondent pro se.

Howard L. Blau for W. R. Marran's Sons, Inc., and others, respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion.


Per Curiam.

The Appellate Division correctly determined that the one-year rate adjustment adopted by the Public Service Commission for residential electric space heating customers was invalid as an undue preference and advantage in violation of subdivisions 2 and 3 of section 65 of the Public Service Law. It does not necessarily follow, however, that the commission's rate fixing must be controlled exclusively by precise...

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