Matter of National Energy Marketers Assn. v. New York State Pub. Serv. Commn.

Cross appeal from a judgment of the Supreme Court (Zwack, J.), entered July 26, 2016 in Albany County, which, among other things, partially granted petitioners’ application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to review a determination of respondent resetting retail energy markets and establishing further process.

We affirm Supreme Court’s judgment for the reasons set forth in Matter of Retail Energy Supply Assn. v Public Serv. Commn. (152 AD3d 1133 [2017] [decided herewith]).

Garry, J.P., Egan Jr., Mulvey and Aarons, JJ., concur.

Ordered…