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MATTER OF SCHOOL OF LANGUAGE AND COMMUNICATION DEVELOPMENT v. LONG ISLAND POWER AUTHORITY

283 A.D.2d 506 (2001)

724 N.Y.S.2d 872

In the Matter of SCHOOL OF LANGUAGE AND COMMUNICATION DEVELOPMENT, Appellant, v. LONG ISLAND POWER AUTHORITY, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 14, 2001.

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 [3]; 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...

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