National Energy Marketers Ass'n v. New York State Public Service Commission

OPINION OF THE COURT

Henry F. Zwack, J.

In these three CPLR article 78 proceedings,1 petitioners seek review and vacatur of the order resetting retail energy markets and establishing further process (reset order) dated February 23, 2016. The petitions also seek a preliminary injunction, staying the effective date of provisions 1 through 3 of the reset order, which was March 4, 2015. A temporary restraining order was issued by this court (O’Connor, J.) on March 8, 2016, staying implementation of the reset order until further order of this court. Respondent has moved for an undertaking in…