Matter of Kinsella v New York State Public Service Commission
Motion No: 2021-06572
Slip Opinion No: 2026 NY Slip Op 60443(U)
Decided on January 12, 2026
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M310616

ID/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

CARL J. LANDICINO

SUSAN QUIRK, JJ.

2021-06572

In the Matter of Simon V. Kinsella, petitioner,

v New York State Public Service Commission,

et al., respondents.

DECISION & ORDER ON MOTION

Proceeding pursuant to Public Service Law § 128 and CPLR article 78, inter alia, to review a determination of the New York State Public Service Commission dated March 18, 2021. Motion by the respondents New York State Public Service Commission and New York State Department of Public Service to dismiss the appeal on the ground that it has been rendered academic.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

DUFFY, J.P., WOOTEN, LANDICINO and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court