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MATTER OF MARATHON POWER LLC v. PUBLIC SERV. COMMN. OF THE STATE OF N.Y.

534236.

209 A.D.3d 1245 (2022)

177 N.Y.S.3d 772

2022 NY Slip Op 06053

In the Matter of Marathon Power LLC, Doing Business as Marathon Energy, Appellant, v. Public Service Commission of the State of New York et al., Respondents.

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

Decided October 27, 2022.

Attorney(s) appearing for the Case

Phillips Lytle LLP, Buffalo ( Kenneth A. Manning of counsel), for appellant.

Robert Rosenthal , Public Service Commission, Albany ( Ryan Coyne of counsel), for Public Service Commission, respondent.

Lynch, J.P., Reynolds Fitzgerald, Fisher and McShan, JJ., concur.

Appeal from a judgment of the Supreme Court (James H. Ferreira, J.), entered May 7, 2021, in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review, among other things, a determination of respondent Public Service Commission finding that petitioner violated the Uniform Business...

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