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MATTER OF FITZMAURICE v. MOSES

12 A.D.2d 304 (1961)

In the Matter of Thomas F. Fitzmaurice, Appellant, v. Robert Moses et al., as Commissioners of The Triborough Bridge and Tunnel Authority, Respondents

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

February 21, 1961.

Attorney(s) appearing for the Case

Robert J. Mozer of counsel (Harold, Luca, Persky & Mozer, attorneys), for appellant.

Edward A. Doberman of counsel (Seymour B. Quel with him on the brief; Charles H. Tenney, Corporation Counsel), for respondents.

RABIN, McNALLY and EAGER, JJ., concur in Per Curiam opinion; VALENTE, J., dissents in part in opinion, in which BREITEL, J. P., concurs.

Per Curiam.

Petitioner appeals from an order, dated June 8, 1960, in a proceeding pursuant to article 78 of the Civil Practice Act, which denied his application to review and annul the determination of the respondents, or, in the alternative, for an order reducing the fine imposed to a sum not to exceed $100 as allowed by law.

Petitioner has not contended, either in this court or in the court below, that the...

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