Village of Bergen v. Power Authority

—Judgment unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Respondent, Power Authority of the State of New York (PASNY), appeals from a judgment that granted in part the CPLR article 78 petition of petitioners, various municipal customers (Municipals), and ordered PASNY to recalculate the rate charged for preference power to the Municipals.

The Municipals commenced this proceeding as a declaratory judgment action seeking a declaration that the 1992 preference power rate set by PASNY is in…