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CAHILL v. PUB. SERV. COMMN.

128 Misc.2d 510 (1985)

Joseph Cahill, Petitioner, v. Public Service Commission et al., Respondents.

Supreme Court, Special Term, Albany County.

May 14, 1985

Attorney(s) appearing for the Case

Richard Emery for petitioner. David E. Blabey and Leonard Van Ryn for Public Service Commission, respondent. John M. Clarke, Gerald E. Murray and Campbell L. Ayling for New York Telephone Co., respondent. Gould & Wilkie (Walter A. Bossert, Jr., Robert E. Pedersen and Charles S. Biener of counsel), for respondent-intervenor.

LAWRENCE E. KAHN, J.

In the above-captioned CPLR article 78 proceeding, petitioner seeks to require the respondent Public Service Commission (PSC) to abandon its policy of permitting public utilities to include charitable contributions as authorized expenditures in establishing utility rates. The instant litigation challenges the PSC's policy upon the narrow issue that it violates petitioner's 1st Amendment...

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