New York State Electric & Gas Corp. v. Commissioner of the Dutchess County Department of Public Works

Appeal (transferred to this Court by order of the Appellate Division, Second Department) from a judgment of the Supreme Court (Hillery, J.), entered June 1, 1993 in Dutchess County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Dutchess County Superintendent of Highways denying petitioner’s application for a highway work permit.

In January 1992, petitioner applied to respondent Dutchess County Superintendent of Highways for a permit to upgrade its facilities along County Route 81 in the Town of Amenia, Dutchess…