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PATTERSON v. CAREY

52 A.D.2d 171 (1976)

A. Holly Patterson, as President of The Board of the Jones Beach State Parkway Authority, et al., Respondents-Appellants, v. Hugh L. Carey, as Governor of The State of New York, et al., Defendants, and Louis J. Lefkowitz, as Attorney-General of The State of New York, Appellant-Respondent

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

May 13, 1976

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General, pro se (Grace K. Banoff and Ruth Kessler Toch of counsel), for appellant-respondent.

Meyer, English & Cianciulli, P.C. (Bernard S. Meyer of counsel), for A. Holly Patterson and others, respondents-appellants.

Dewey, Ballantine, Bushby, Palmer & Wood (Hugh N. Fryer of counsel), for Chase Manhattan Bank, N.A., respondent-appellant.

Hawkins, Delafield & Wood (Charles L. Kades and Clarence Fried with him on the brief), for New York State Bridge Authority, amicus curiae.

Kissam & Halpin (Anthony S. Genovese and Michael F. Fitzgerald with him on the brief), for Automobile Club of New York, Inc., amicus curiae.

SWEENEY and KANE, JJ., concur with KOREMAN, P. J.; MAHONEY and LARKIN, JJ., concur in part and dissent in part in an opinion by MAHONEY, J.

KOREMAN, P. J.

This action involves the constitutionality of section 153-c of the Public Authorities Law (L 1975, ch 17), which (1) rolled back the toll on the Southern State Parkway from 25 cents to 10 cents until compliance with the subsequent provisions, and (2) established a 120-day waiting period for further toll increases during which a new public disclosure, review and hearing procedure is followed.

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