212 East 85th Street v. Department of Public Service

Appeal from a judgment of the Supreme Court (Cahill, J.), entered August 5, 2008 in Albany County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, to review a determination of the Public Service Commission dismissing petitioners’ application to, among other things, prohibit certain respondents from constructing certain electrical transformer test pits in New York City.

Petitioners own and operate an apartment building in New York City that is located across the street from an office building and movie theater owned and operated by respondents 210 East…