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In the Matter of OWNERS COMMITTEE ON ELECTRIC RATES, INC., Respondent, v. PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK, Appellant.

Order reversed, with costs, and the Public Service Commission's motion to dismiss the petition granted for the reasons stated in the dissenting opinion by Justice Howard A. Levine at the Appellate Division ( 150 A.D.2d 45, 51-54). Certified question answered in the affirmative.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.

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MATTER OF OWNERS COMM. ON ELEC. RATES v. PUB. SERV
(Jun 28, 1990)