County of Westchester v. Power Authority
Opinion of the Court
Judgment, Supreme Court, New York County (Harold Baer, Jr., J.), entered on or about March 1, 1991, which, inter alia, dismissed with prejudice so much of the petition in this proceeding pursuant to CPLR article 78 as challenges the contracts between intervenor utilities and respondent Power Authority allocating nonpreference hydroelectric power, unanimously affirmed, without costs.
As the IAS Court determined, most of the directives in Public Authorities Law § 1005 (5) are discretionary and present nonjusticiable policy questions (see, Matter of New York State Inspection, Sec. & Law Enforcement Empls. v Cuomo, 64 NY2d 233), and the rest are couched in general terms that were clearly fulfilled by respondent’s allocation which took into account numerous and complex economic factors affecting various consumers as well as the long-standing reliance of upstate consumers on respondent’s hydropower plan. While one may disagree with the wisdom of that plan, it cannot be successfully challenged as arbitrary or capricious.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.