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ACCADIA CONTR, INC. v. RHODES

No. 905823-18.

64 Misc.3d 633 (2019)

105 N.Y.S.3d 275

2019 NY Slip Op 29175

In the Matter of ACCADIA SITE CONTRACTING, INC., Petitioner/Plaintiff, v. JOHN B. RHODES, as Chief Executive Officer of the New York State Department of Public Service and as Chair of the New York State Public Service Commission, et al., Respondents/Defendants.

Supreme Court, Albany County.

Decided June 13, 2019.

Attorney(s) appearing for the Case

Rupp Baase Pfalzgraf Cunningham LLC ( Phillip A. Oswald of counsel) for petitioner/plaintiff.

John J. Sipos , Acting General Counsel, Public Service Commission of the State of New York ( David Scott Bassinson and Donna M. Giliberto of counsel), for respondents/defendants.

OPINION OF THE COURT

Before the court is a hybrid CPLR article 78 proceeding and declaratory judgment action. Petitioner-plaintiff (Accadia), a construction firm, is challenging an adverse determination and penalty assessment made by respondent Public Service Commission...

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