Ingham v. Public Service Commission

— Motion by respondent Power Authority of the State of New York to dismiss a proceeding brought pursuant to Public Service Law § 129.

Motion granted.

Public Service Law § 128 (1) provides that "[a]ny party aggrieved by any order issued on an application for a certificate [of environmental compatibility and public need] may *719apply for a rehearing under section twenty-two within thirty days after issuance of the order” (emphasis added). That statute states further that a proceeding may be brought in the Appellate Division to review such an order, and that "[s]uch proceeding shall be initiated * *…