NATIONAL ASSN v. NYS PUB SERV

868-16.

53 Misc.3d 641 (2016)

37 N.Y.S.3d 178

2016 NY Slip Op 26233

NATIONAL ENERGY MARKETERS ASSOCIATION et al., Petitioners, v. NEW YORK STATE PUBLIC SERVICE COMMISSION, Respondent. RETAIL ENERGY SUPPLY ASSOCIATION et al., Petitioners, v. PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK et al., Respondents. FAMILY ENERGY INC. et al., Petitioners, v. NEW YORK STATE PUBLIC SERVICE COMMISSION, Respondent.

Supreme Court, Albany County.

Decided July 22, 2016.


Attorney(s) appearing for the Case

Boies, Schiller & Flexner LLP, Armonk ( Jason C. Cyrulnik of counsel), for petitioners in the first above-entitled proceeding.

Harris Beach PLLC, Pittsford ( Douglas A. Foss of counsel), for petitioners in the second above-entitled proceeding.

Phillips Lytle LLP, Albany ( Thomas F. Puchner and Craig R. Bucki of counsel), for petitioners in the third above-entitled proceeding.

Kimberly A. Harriman , General Counsel, Public Service Commission, Albany ( Jonathan D. Feinberg of counsel), for respondent in the first and third above-entitled proceedings and for respondents in the second above-entitled proceeding.


OPINION OF THE COURT

In these three CPLR article 78 proceedings,1 petitioners seek review and vacatur of the order resetting retail energy markets and establishing further process (reset order) dated February 23, 2016. The petitions also seek a preliminary injunction, staying the effective...

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