Citizens Utility Board v. State

—Yesawich Jr., J.

Appeal from an order of the Court of Claims (McNamara, J.), entered September 18, 1998, which, inter alia, granted the State’s motion for summary judgment dismissing the claim.

In January 1991, then-Governor Mario Cuomo issued Executive Order No. 141 (9 NYCRR 4.141) which enabled claimant to represent the interests of residential utility customers, to use State agency mass mailings to apprise citizens of claimant’s existence and to solicit citizen participation and contributions. After Executive Order No. 141 survived a challenge to its constitutionality (see, Bourquin v…