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MATTER OF CAHILL v. PSC

113 A.D.2d 603 (1986)

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

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 23, 1986

Attorney(s) appearing for the Case

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

Gerald M. Oscar (John M. Clarke and Peter A. Scarpato of counsel), for New York Telephone Company, appellant.

Gould & Wilkie (Charles S. Biener and Walter A. Bossert, Jr., of counsel), for intervenor-appellant.

Richard Emery for respondent.

MAIN, J. P., and YESAWICH, JR., J., concur with HARVEY, J.; MIKOLL and LEVINE, JJ., dissent and vote to reverse in an opinion by LEVINE, J.

HARVEY, J.

Petitioner is a customer of both respondent New York Telephone Company and intervenor Central Hudson Gas and Electric Corporation. In October 1984, he commenced the instant CPLR article 78 proceeding seeking an order directing respondents to cease the practice of passing along the cost of charitable contributions to customers. Petitioner also sought an order amending respondent Public Service Commission...

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