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BRONSON v. CONSOLIDATED EDISON CO. OF NEW YORK, INC.

No. 72 Civ. 3087.

350 F.Supp. 443 (1972)

Eloise BRONSON, on behalf of herself and all other persons similarly situated, Plaintiff, v. CONSOLIDATED EDISON CO. OF NEW YORK, INC., Defendant.

United States District Court, S. D. New York.

October 30, 1972.

Attorney(s) appearing for the Case

Kalman Finkel, New York City, for plaintiff; Michael D. Hampden, New York City, of counsel.

Williams & O'Neill, New York City, for defendant; Joel M. Lasker, New York City, Michael W. Solodar, of counsel.

Louis J. Lefkowitz, Atty. Gen. of State of New York, pro se appearing pursuant to Executive Law, § 71; A. Seth Greenwald, Asst. Atty. Gen., of counsel.

Peter H. Schiff, Albany, N. Y., Counsel to Public Service Commission of State of New York, amicus curiae; Joel Yohalem, Albany, N. Y., David Schechter, New York City, of counsel.

OPINION

TYLER District Judge.

Mrs. Bronson, as a consumer of electricity supplied by Consolidated Edison ("Con Ed") and a "victim" of its termination or "electricity cut-off" procedures, challenges the latter as violative of the Due Process Clause of the 14th Amendment. Specifically, she assails the lack of any mandate, either statutory or regulatory, that a hearing prior to electricity shut-off be held in which the consumer would be afforded opportunity...

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