New York State Electric & Gas Corp. v. Fortier

Appeal from an order of the Supreme Court at Special Term (Kuhnen, J.), entered October 11, 1983 in Chemung County, which partially denied defendant’s motion to dismiss the complaint.

On November 1, 1982, defendant instituted a restricted program providing that, regardless of the amount due on utility bills incurred by recipients of public assistance, payment would be limited to the following amount: the sum of the recipient’s “home energy allowance”, “fuel allowance”, and “additional allowance for fuel”. In most cases, the total of these allowances was less than the actual amount of a bill.…