Legal Opinion

Niagara Mohawk Power Corp. v. New York State Department of Transportation

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

Decided February 1, 1996PublishedCited by 6 opinions

1Opinion of the Court

—White, J.

Appeal from a judgment of the Supreme Court (Teresi, J.), entered March 13, 1995 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Department of Transportation changing the fee system for canal crossing permits.

On this appeal, we are concerned with the fees imposed by respondents for revocable permits granting petitioner permission to erect electrical transmission lines and gas transmission pipelines across the lands of the New York State Canal System.* Prior to 1989, respondents charged…

2Cases cited5 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Nordlinger v. HahnSupreme Court of the United States · 1992
  3. 41 Kew Gardens Road Associates v. TyburskiNew York Court of Appeals · 1987
  4. New York Telephone Co. v. City of AmsterdamAppellate Division of the Supreme Court of the State of New York · 1994
  5. Wood v. GambinoAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by6 opinions

  1. TCG New York, Inc. v. City of White Plains, NYDistrict Court, S.D. New York · 2000
  2. Loyal Tire & Auto Center, Inc. v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
  3. Matter of Best Payphones, Inc. v. Public Serv. Commn. of the State of N.Y.Appellate Division of the Supreme Court of the State of New York · 2021
  4. Matter of Retail Energy Supply Assn. v. Public Serv. Commn. of The State of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
  5. Dworkin v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1997

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