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NATIONAL ASSN v. NYS PUB SERV

5860-16.

57 Misc.3d 282 (2017)

60 N.Y.S.3d 760

2017 NY Slip Op 27223

NATIONAL ENERGY MARKETERS ASSOCIATION et al., Plaintiffs/Petitioners, v. NEW YORK STATE PUBLIC SERVICE COMMISSION, Defendant/Respondent. RETAIL ENERGY SUPPLY ASSOCIATION, Plaintiff/Petitioner, v. NEW YORK STATE PUBLIC SERVICE COMMISSION et al., Defendants/Respondents.

Supreme Court, Albany County.

Decided June 30, 2017.

Attorney(s) appearing for the Case

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

Barclay Damon, LLP, Syracuse ( David G. Burch, Jr. of counsel), for plaintiff/petitioner in the second above-entitled action/proceeding.

Paul Agresta , General Counsel, New York State Public Service Commission, Albany ( Jonathan D. Feinberg of counsel), for defendants/respondents in the first and second above-entitled actions/proceedings.

Eric T. Schneiderman , Attorney General, New York City ( Judith Vale and Andrew Rhys Davies of counsel), for Office of the Attorney General and another, amici curiae.

OPINION OF THE COURT

In the two proceedings pending before the court is an order to show cause (OTSC), supported by verified petitions/complaints filed by National Energy Marketers Association, BlueRock Energy, Inc., Residents Energy, LLC and Verde Energy USA New York, LLC (collectively NEMA) and Retail Energy Supply...

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