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  5. 69 N.Y.2d 265 (1986)
 

CAHILL v. PUB. SERV. COMMN.

69 N.Y.2d 265 (1986)

In the Matter of Joseph Cahill, Respondent, v. Public Service Commission et al., Appellants, and Central Hudson Gas and Electric Corporation, Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided December 19, 1986.

Attorney(s) appearing for the Case

David E. Blabey, Lawrence G. Malone and Leonard Van Ryn for Public Service Commission, appellant.

John M. Clarke, Gerald M. Oscar and Thomas J. Farrelly for New York Telephone Company, appellant.

Walter A. Bossert, Jr., Davison W. Grant and Thomas C. Hutton for intervenor-appellant.

Richard Emery for respondent.

Judges MEYER, SIMONS, KAYE and ALEXANDER concur with Judge HANCOCK, JR.; Judge TITONE dissents and votes to reverse in a separate opinion in which Chief Judge WACHTLER concurs.

HANCOCK, JR., J.

We hold that acts of the New York State Public Service Commission (PSC) in setting rates which compel a utility customer to pay for charitable contributions made by the utility constitute governmental conduct giving rise to a cognizable claim by that customer that his rights under the First Amendment of the United States Constitution have been violated.

I

In a CPLR article 78...

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