School of Language & Communication Development v. Long Island Power Authority

Appellate Division of the Supreme Court of New York

School of Language & Communication Development v. Long Island Power Authority

283 A.D.2d 506, 724 N.Y.S.2d 872, 2001 N.Y. App. Div. LEXIS 4996

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 14, 2001

StatusPublished

Cited by1 cases

This text of 283 A.D.2d 506 (School of Language & Communication Development v. Long Island Power Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

School of Language & Communication Development v. Long Island Power Authority, 283 A.D.2d 506, 724 N.Y.S.2d 872, 2001 N.Y. App. Div. LEXIS 4996 (N.Y. Ct. App. 2001).

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Opinion

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Long Island Power Authority, dated July 19, 1999, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Warshawsky, J.), entered February 28, 2000, which denied the petition and dismissed the proceeding.

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 NY2d 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. Commn., 218 AD2d 882; Matter of Consolidated Communication Consultant Servs. v New York State Pub. Serv. Commn., 195 AD2d 849, 851; Matter of Incorporated Vil. of Val. Stream v State of N. Y. Pub. Serv. Commn., 107 AD2d 856, 857). Santucci, J. P., Altman, Florio and Luciano, JJ., concur.

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—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Long Island Power Authority, dated July 19, 1999, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Warshawsky, J.), entered February 28, 2000, which denied the petition and dismissed the proceeding.

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 NY2d 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. Commn., 218 AD2d 882; Matter of Consolidated Communication Consultant Servs. v New York State Pub. Serv. Commn., 195 AD2d 849, 851; Matter of Incorporated Vil. of Val. Stream v State of N. Y. Pub. Serv. Commn., 107 AD2d 856, 857). Santucci, J. P., Altman, Florio and Luciano, JJ., concur.

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Bluebook (online)

283 A.D.2d 506, 724 N.Y.S.2d 872, 2001 N.Y. App. Div. LEXIS 4996, Counsel Stack Legal Research, https://law.counselstack.com/opinion/school-of-language-communication-development-v-long-island-power-nyappdiv-2001.

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