Matter of Kinsella v. New York State Pub. Serv. Commn.

Summary

The Appellate Division, Second Department dismissed an Article 78 proceeding challenging a New York State Public Service Commission determination approving a South Fork Wind submarine export cable project. The court held that the petitioner failed to timely join South Fork Wind, LLC, a necessary party, within the 30-day limitations period under Public Service Law § 128.

Holdings

1. An Article 78 proceeding challenging a final Public Service Commission order must be dismissed when the petitioner fails to timely join a necessary party within the 30-day statute of limitations period.

Questions Presented

1. Whether the Article 78 proceeding was subject to dismissal because the petitioner failed to timely join South Fork Wind, LLC, a necessary party, within the applicable 30-day limitations period.

Disposition

dismissed