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NATL FUEL GAS DISTRIB v. PSC

8 Misc.3d 584 (2005)

792 N.Y.S.2d 828

In the Matter of NATIONAL FUEL GAS DISTRIBUTION CORP., Petitioner, v. PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK, Respondent.

Supreme Court, Albany County.

March 4, 2005.

Attorney(s) appearing for the Case

Whiteman, Osterman & Hanna (Howard M. Levine and Neil L. Levine of counsel), and Wolf, Block, Schorr & Solis-Cohen, LLP (Bruce V. Miller of counsel), for petitioner.

Dawn Jablonski Ryman (Jonathan D. Feinberg of counsel), for respondent.

OPINION OF THE COURT

DAN LAMONT, J.

Petitioner National Fuel Gas Distribution Corporation brings this CPLR article 78 proceeding seeking a judgment annulling an order issued by respondent Public Service Commission (PSC) on September 28, 2004, in case No. 04-G-0718 — which order extended and modified certain programs without holding a hearing, and allegedly in violation of petitioner's First Amendment right to free speech. Respondent PSC has filed...

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