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PAUL BROTHERS v. NYSEG

11 N.Y.3d 251 (2008)

PAUL BROTHERS, Appellant, v. NEW YORK STATE ELECTRIC AND GAS CORPORATION, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Argued September 4, 2008.

Attorney(s) appearing for the Case

Powers & Santola, LLP, Albany (Michael J. Hutter and Daniel R. Santola of counsel), for appellant.

Rivkin Radler LLP, Uniondale (Evan H. Krinick and Harris J. Zakarin of counsel), and Pennock, Breedlove & Noll for respondent.

Hiscock & Barclay, LLP, Buffalo (Darryl J. Colosi of counsel), for Niagara Mohawk Power Corporation, amicus curiae.

OPINION OF THE COURT

READ, J.

In October 1999, defendant New York State Electric and Gas Corporation (NYSEG) applied to the New York State Department of Transportation (DOT) for a form highway work permit authorizing it to undertake "Electric and Gas Maintenance Work in Highway Region #8 (Columbia, Dutchess, Orange, Putnam, Westchester, Rockland, and Ulster Counties)" between January 1 and December 31, 2000. NYSEG and other utilities providing electric and...

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