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NATL. ENERGY v. NYS PUB.

525360.

167 A.D.3d 88 (2018)

88 N.Y.S.3d 259

2018 NY Slip Op 07378

In the Matter of NATIONAL ENERGY MARKETERS ASSOCIATION et al., Appellants, v. NEW YORK STATE PUBLIC SERVICE COMMISSION, Respondent. (And Another Related Proceeding.).

Appellate Division of the Supreme Court of New York, Third Department.

Decided November 1, 2018.

Attorney(s) appearing for the Case

Boies, Schiller & Flexner LLP, Armonk ( Jason C. Cyrulnik of counsel), for appellants.

John J. Sipos , New York State Public Service Commission, Albany ( D. Scott Bassinson of counsel), for respondent.

Barbara D. Underwood , Attorney General, Albany ( Judith N. Vale of counsel), for Department of State and another, amici curiae.

DEVINE, AARONS, RUMSEY and PRITZKER, JJ., concur.

OPINION OF THE COURT

Appeal from a judgment of the Supreme Court (Zwack, J.), entered July 5, 2017 in Albany County, which dismissed petitioners' application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to review a determination...

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