Legal Opinion · Concurring in part, dissenting in part
Atwell v. Power Authority
Appellate Division of the Supreme Court of the State of New York
Decided April 19, 1979Published
1Concurring in part, dissenting in partMahoney, P. J.
We concur with the majority except insofar as it concludes that the Commission lacked authority to impose the noise complaint and research program conditions. Before discussing these conditions, however, it must be noted that the so-called "partial certificates” issued by the Commission during the various stages of the hearing on PASNY’s application for a certificate of environmental compatibility and public need present a substantial issue which has been raised in the past.1 While a resolution of this issue would not affect the validity of the Commission’s final order, which is the subject…
2Cases cited6 opinions
- County of Orange v. Public Service CommissionNew York Court of Appeals · 1972
- County of Orange v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1972
- Upset, Inc. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1977
- Niagara Mohawk Power Corp. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1976
- Tyminski v. Public Service CommissionNew York Court of Appeals · 1975
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