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ROCHESTER GAS & ELEC. v. PSC

128 Misc.2d 801 (1985)

Rochester Gas & Electric Corporation, Petitioner, v. Public Service Commission of the State of New York, Respondent.

Supreme Court, Special Term, Albany County.

June 20, 1985

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (Robert L. Daileader, Jr., of counsel), for petitioner. David E. Blabey and Lawrence G. Malone for respondent.

EDWARD S. CONWAY, J.

The Rochester Gas & Electric Corporation (hereinafter Rochester) has instituted an action seeking a declaratory judgment that the Public Service Commission's (hereinafter PSC) application of Public Service Law § 66-d (2) violates its right to due process. The respondent PSC makes a motion for an order converting this action into a CPLR article 78 proceeding and thereafter rendering judgment on the respondent or, in the alternative...

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