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MTR. OF CITY OF LACKAWANNA

45 A.D.2d 1 (1974)

In the Matter of The City of Lackawanna, Respondent, for a Reconstruction of the Structure Carrying McKinley Parkway over the Tracks of The Baltimore and Ohio Railroad Company. Baltimore and Ohio Railroad Company, Appellant. Department of Transportation, Respondent

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

May 23, 1974.

Attorney(s) appearing for the Case

Wiser, Shaw, Freeman, Van Graafeiland, Harter & Secrest (John M. Wilson of counsel), for appellant.

Nicholas Haragos (Norman F. Walawender of counsel), for City of Lackawanna, respondent.

Darrell W. Harp (Joseph C. Davidson Jr., of counsel), for Department of Transportation, respondent.

MARSH, P. J., MOULE, SIMONS and DEL VECCHIO, JJ., concur.

GOLDMAN, J.

The Baltimore and Ohio Railroad Company (Railroad) appeals from the order of the Department of Transportation of New York State (successor to the New York Public Service Commission), dated January 10, 1973, which ordered that the "Contract Plans, Specifications and Estimate of Cost in the amount of $847,000" for the reconstruction of a structure carrying a street in the City of Lackawanna over the tracks...

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