| Matter of National Energy Marketers Assn. v New York State Pub. Serv. Commn. |
| 2017 NY Slip Op 05901 |
| Decided on July 27, 2017 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided and Entered: July 27, 2017
523993
v
NEW YORK STATE PUBLIC SERVICE COMMISSION, Respondent- Appellant. (And Two Other Related Proceedings.)
Calendar Date: June 8, 2017
Before: Garry, J.P., Egan Jr., Lynch, Mulvey and Aarons, JJ.
Boies Schiller & Flexner, LLP, Armonk (Jason C. Cyrulnik of counsel), for appellants-respondents.
Paul Agresta, Public Service Commission, Albany (Jonathan D. Feinberg of counsel), for respondent-appellant.
Lynch, J.
MEMORANDUM AND ORDER
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. (___ AD3d ___ [decided herewith]).
Garry, J.P., Egan Jr., Mulvey and Aarons, JJ., concur.
ORDERED that the judgment is affirmed, without costs.