Matter of Long Island Lighting Co. v. Indus. Comm'r of New York State

Memorandum. We affirm the order of the Appellate Division remitting the matter to the respondent for a further hearing. We point out, however, that we are persuaded to do so in large measure because petitioner, as a public utility, is not in the status of a competitor with those contractors comprising the sources of respondent’s statistical information that served as a basis for its determination of the prevailing rate of wage to be paid petitioner’s employees. Since we are not dealing with sources of information from petitioner’s “ competitors ”, the concern expressed by respondent regarding…