Pooler v. Public Service Commission

This is a motion by the respondent Long Island Lighting Company (LILCO) for an order dismissing the petition as a matter of law on the ground that the party asserting the cause of action has not legal capacity to sue and the pleading fails to state a cause of action pursuant to CPLR 3211 (subd [a], pars 3, 7).

Petitioner, Rosemary S. Pooler, as Executive Director of the New York State Consumer Protection Board (Board), filed a notice of intervention in respondent LILCO’s rate case before respondent New York State Public Service Commission (PSC). Petitioner filed as a party in the rate…