National Fuel Gas Distribution Corp. v. Public Service Commission

OPINION OF THE COURT

Dan Lamont, J.

Petitioner National Fuel Gas Distribution Corporation brings this CPLR article 78 proceeding seeking a judgment annulling an order issued by respondent Public Service Commission (PSC) on September 28, 2004, in case No. 04-G-0718 — which order extended and modified certain programs without holding a hearing, and allegedly in violation of petitioner’s First Amendment right to free speech. Respondent PSC has filed an answer denying the petitioner’s contentions. Petitioner has filed a reply thereto. Pursuant to the order to show cause issued herein on October 26,…