Marlin v. Orange & Rockland Utilities, Inc.

—In an action, inter alia, for a judgment declaring illegal certain provisions of a tariff that the defendant filed with the Public Service Commission, the plaintiffs appeal from an order of the Supreme Court, Rockland County (Weiner, J.), dated November 4, 1993, which granted the defendant’s motion for summary judgment dismissing the complaint without prejudice to seek a declaratory ruling from the Public Service Commission and denied their cross motion for summary judgment.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court did not err by dismissing the…