In the Matter of Joseph Cahill, Respondent, and Robert Abrams, as Attorney-General of The State of New York, Respondent-Appellant,
v.
Public Service Commission et al., Appellants-Respondents
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
June 1, 1989
June 1, 1989
Attorney(s) appearing for the Case
William J. Cowan (Leonard Van Ryn of counsel), for Public Service Commission, appellant-respondent.
John M. Clarke (Lon S. Bannett, Gerald M. Oscar and Thomas J. Farrelly of counsel), for New York Telephone Company, appellant-respondent.
LeBoeuf, Lamb, Leiby & MacRae (Jeffrey W. Meyers, Cathleen McNulty and H. Peter Young of counsel), for Niagara Mohawk Power Corporation, appellant-respondent.
Gould & Wilkie (Robert J. Glasser of counsel), and Telford Taylor for Central Hudson Gas & Electric Corporation, appellant-respondent.
Nixon, Hargrave, Devans & Doyle (Stanley W. Widger, Jr., and Jeffrey C. Parnell of counsel), for Rochester Gas and Electric Corporation, appellant-respondent.
Robert Abrams, Attorney-General (Richard W. Golden, John W. Corwin and Mary Hilgeman of counsel), Bureau of Consumer Frauds and Protection, Energy and Utility Section, for respondent-appellant.
Lankenau Kovner & Bickford (Richard D. Emery of counsel), for respondent.
Josephine S. Trubek for Rochester Telephone Corporation, and David F. Smith for National Fuel Gas Distribution Corporation, amici curiae. (One brief filed.)
Alfred M. Hallenbeck for Rochester Institute of Technology, amicus curiae.
MAHONEY, P. J., WEISS, LEVINE and MERCURE, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, Third Department.
HARVEY, J.
The consolidated proceedings before this court already have a lengthy decisional history. The primary issue presented in these proceedings is the 1st Amendment challenge by petitioners of the policy of respondent Public Service Commission (hereinafter the PSC) authorizing the utilities under its control to pass along the cost of their charitable contributions to their customers as part of their utility...
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