Appellate Division of the Supreme Court of New York, 2017

Matter of National Energy Marketers Assn. v. New York State Pub. Serv. Commn.

Matter of National Energy Marketers Assn. v. New York State Pub. Serv. Commn.
Appellate Division of the Supreme Court of New York · Decided July 27, 2017 · Lynch, Garry, Egan, Mulvey, Aarons
2017 NY Slip Op 5901; 152 A.D.3d 1122; 56 N.Y.S.3d 485
Matter of National Energy Marketers Assn. v. New York State Pub. Serv. Commn.

Opinion

Lynch, J.

Cross appeal from a judgment of the Supreme Court (Zwack, J.), entered July 26, 2016 in Albany County, which, among other things, partially granted petitioners’ application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to review a determination of respondent resetting retail energy markets and establishing further process.

We affirm Supreme Court’s judgment for the reasons set forth in Matter of Retail Energy Supply Assn. v Public Serv. Commn. (152 AD3d 1133 [2017] [decided herewith]).

Garry, J.P., Egan Jr., Mulvey and Aarons, JJ., concur.

Ordered that the judgment is affirmed, without costs.

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