Entergy Nuclear Power Marketing, LLC v. New York State Public Service Commission

I disagree that law office failure applies to the matter at hand. Public Service Law § 22 specifies that respondent Public Service Commission (hereinafter the Commission) can provide for acceptance of a late-filed petition upon the demonstration of good cause only, and it neither refers to nor incorporates therein the provisions of CPLR 2005, i.e., the statute that permits courts to excuse delay or default as a result of the less stringent standard of law office failure. The CPLR is intended to govern only “the procedure in civil judicial proceedings in all courts of the state and before all…