Legal Opinion

Cahill v. Public Service Commission

New York Court of Appeals

Decided December 19, 1986PublishedCited by 10 opinions

1Opinion of the Court

*268OPINION OF THE COURT

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 proceeding against the PSC and New York Telephone Company (New York Tel.), petitioner, a customer of New York Tel., seeks to annul two actions of the PSC:(1) The policy adopted by the…

2Cases cited18 opinions

  1. Jackson v. Metropolitan Edison Co.Supreme Court of the United States · 1974
  2. West Virginia State Board of Education v. BarnetteSupreme Court of the United States · 1943
  3. Blum v. YaretskySupreme Court of the United States · 1982
  4. Abood v. Detroit Board of EducationSupreme Court of the United States · 1977
  5. Torcaso v. WatkinsSupreme Court of the United States · 1961

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3Cited by10 opinions

  1. Bullard v. StateAppellate Division of the Supreme Court of the State of New York · 2003
  2. Cahill v. Public Service CommissionNew York Court of Appeals · 1990
  3. Walton v. New York State Department of Correctional ServicesNew York Supreme Court · 2007
  4. Cahill v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1989
  5. Frasier v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 2026

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