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MTR OF POOLER v. PUB SERV COMM

89 Misc.2d 700 (1977)

In the Matter of Rosemary S. Pooler, as Executive Director of the New York State Consumer Protection Board, Petitioner, v. Public Service Commission of the State of New York et al., Respondents.

Supreme Court, Special Term, Albany County.

March 9, 1977

Attorney(s) appearing for the Case

Edward M. Barrett for Long Island Lighting Company, respondent. James F. Warden, Jr., for petitioner.

EDWARD S. CONWAY, J.

This is a motion by the respondent Long Island Lighting Company (LILCO) for an order dismissing the petition as a matter of law on the ground that the party asserting the cause of action has not legal capacity to sue and the pleading fails to state a cause of action pursuant to CPLR 3211 (subd [a], pars 3, 7).

Petitioner, Rosemary S. Pooler, as Executive Director of the New York State Consumer Protection Board (Board), filed...

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