Court of Appeals of New York

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Matter of Luyster Creek, LLC, 68

In a case in which the New York State Public Service Commission rescinded its approval of a transfer of land on which the purchaser intended to build an envelope factory but never did, the order of the Appellate Division affirming the Commission's decision is reversed and the Commission's determination is annulled, where the development of an envelope factory was not made an express condition of the Commission's approval or a condition precedent to the transfer of the property to the purchaser, so the Commission's order nullifying its prior approval of the proposed sale lacked a rational basis.

Appellate Information

  • Decided 04/26/2012
  • Published 04/26/2012



  • Court of Appeals of New York


  • For Appellant:
  • John W. Dax, Jonathan D. Feinberg

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