No. 33. Argued February 8, 2011. Decided March 29, 2011. APPEAL, by permission of the Court of Appeals, from a judgment of the Appellate Division of the Supreme Court in the Third Judicial Department, entered December 31, 2009, in a proceeding pursuant to CPLR article 78 (transferred to the Appellate Division by order of the Supreme Court, entered in Albany County). The Appellate Division (1) modified a determination of respondent Public Service Commission of the State of New York, which had modified