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CO. OF RENSSELAER v. CAPITAL DIST. TRANSP.

42 A.D.2d 445 (1973)

In the Matter of The County of Rensselaer, Appellant, v. Capital District Transportation Authority, Respondent

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

November 5, 1973.

Attorney(s) appearing for the Case

Marvin I. Honig, County Attorney (Thomas J. O'Connor, Jr., of counsel), for appellant.

William J. Schoonmaker for respondent.

GREENBLOTT, MAIN and REYNOLDS, JJ., concur; HERLIHY, P. J., concurs in the result.

COOKE, J.

This is an appeal from a judgment of the Supreme Court at Special Term, entered October 16, 1972 in Rensselaer County, which denied petitioner's motion, in a proceeding pursuant to article 78 of the CPLR for an injunction pendente lite and granted respondent's cross motion to dismiss the proceedings herein.

The facts are not in dispute. Pursuant to its Action Plan, respondent Capital...

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