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CITY OF RYE v. METRO. TRANSP. AUTH.

24 N.Y.2d 627 (1969)

City of Rye et al., Respondents, v. Metropolitan Transportation Authority et al., Appellants. Town of Oyster Bay, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided April 24, 1969.

Attorney(s) appearing for the Case

John R. Hupper, Bruce Bromley, Howard G. Kristol and James C. Hansen for Metropolitan Transportation Authority and another, appellants.

Louis J. Lefkowitz, Attorney-General (Joel Lewittes and Samuel A. Hirshowitz of counsel), for J. Burch McMorran, as Commissioner, appellant.

Edward N. Costikyan, Allan A. Tuttle and Robert S. Smith for City of Rye and others, respondents.

Bernard F. McCaffrey, Town Attorney (Charles F. Lynch of counsel), for Town of Oyster Bay, intervenors-respondents.

Daniel B. Goldberg for Niagara Frontier Transportation Authority, amicus curiæ.

Judges SCILEPPI, BREITEL and JASEN concur with Judge BERGAN; Judge BURKE dissents and votes to affirm in a separate opinion in which Chief Judge FULD and Judge KEATING concur.

BERGAN, J.

By chapter 717 of the Laws of 1967 the Legislature amended the Public Authorities Law in a number of respects and made relevant changes in related statutes. Among other things, in form, at least, it created the Metropolitan Transportation Authority or continued a previously created authority under this name (§ 83; Public Authorities Law, § 1263...

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