N.Y. Comp. Codes R. & Regs. tit. 16, § 233.3
(c) the Public Service Commission for just cause, in unusual circumstances, if the applicant for gas or electric utility service has been denied a waiver pursuant to subdivision (a) or (b) of this section.
A copy of each variance granted or denied by the utility shall be made available to the commission, and each applicant denied a variance shall be promptly informed by the utility of the right to appeal to the commission.
For any dwelling subject to the requirements of section 233.2(b) of this Part, a waiver from these requirements may be granted by: