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CO. OF ALBANY v. CAPITAL DIST. TRANSP.

44 A.D.2d 476 (1974)

County of Albany, Respondent-Appellant, v. Capital District Transportation Authority, Appellant-Respondent

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

May 30, 1974.

Attorney(s) appearing for the Case

William J. Schoonmaker for appellant-respondent.

Robert P. Roche, County Attorney, for respondent-appellant.

Harris, Beach & Wilcox for Rochester-Genesee Regional Transportation Authority, amicus curiae.

Axenfeld, Webb, Marshall, Bersani & Scolaro for Central New York Regional Transportation Authority, amicus curiae.

HERLIHY, P. J., STALEY, JR., SWEENEY and KANE, JJ., concur.

COOKE, J.

This is an appeal from an order of the Supreme Court at Special Term, entered February 4, 1974 in Albany County, which granted an injunction pendente lite in a declaratory judgment action; and cross appeals from a judgment of the Supreme Court, entered April 1, 1974 in Albany County, upon a decision of the court at a Trial Term which declared that the Capital District Transportation Authority...

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