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CHURCH v. PUB. SERV. COMM.

55 N.Y.2d 196 (1982)

In the Matter of Rochester Christian Church, Inc., et al., Appellants, v. State of New York Public Service Commission et al., Respondents.

Court of Appeals of the State of New York.

Decided February 23, 1982.

Attorney(s) appearing for the Case

David C. Gibbs, Jr., and Charles E. Craze, of the Ohio Bar, admitted on motion pro hac vice, and Samuel G. Brundage for appellants.

Charles R. Gibson and David E. Blabey for State of New York Public Service Commission, respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and MEYER concur.

WACHTLER, J.

The question on this appeal is whether the utility rate applicable to "domestic consumers" and religious institutions utilizing the service "exclusively in connection with such religious purposes" (Public Service Law, § 76) applies to gas and electricity consumed by parochial schools where both secular and religious subjects are taught. The Public Service Commission has determined that such...

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