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MATTER OF CLEAN AIR COALITION OF W. N.Y., INC. v. NEW YORK STATE PUB. SERV. COMMISSION

CV-23-0689.

2024 NY Slip Op 01233

In the Matter of Clean Air Coalition of Western New York, Inc., et al., Appellants, v. New York State Public Service Commission, et al., Respondents.

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

Decided March 7, 2024.

Attorney(s) appearing for the Case

Earthjustice, New York City ( Hillary Aidun , of counsel), for appellants.

Robert Rosenthal , Public Service Commission, Albany ( John J. Sipos of counsel), for New York State Public Service Commission, respondent.

Phillips Lytle LLP, Buffalo ( Joshua Glasglow , of counsel), for Fortistar North Tonawanda, LLC and another, respondents.

Read and Laniado, LLP, Albany ( David B. Johnson , of counsel), for North Tonawanda Holdings, LLC, respondent.

Before: Garry, P.J., Egan Jr., Aarons, Reynolds Fitzgerald and McShan, JJ.

Appeal from a judgment of the Supreme Court (Richard M. Platkin, J.), entered March 20, 2023 in Albany County, which, among other things, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, granted a motion by respondent Public Service Commission to dismiss the petition/complaint against it.

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