PEOPLE v. LONG IS R.R.


90 Misc.2d 269 (1976)

The People of the State of New York, Appellant, v. Long Island Railroad, Respondent.

Supreme Court, Appellate Term, Second Department.

May 11, 1976


Attorney(s) appearing for the Case

Henry F. O'Brien, District Attorney (Simon Perchik of counsel), for appellant. Raymond B. Ritchel, Jr., and George M. Onken for respondent.

Concur: FARLEY, P. J., GLICKMAN and PITTONI, JJ.


MEMORANDUM.

Order dismissing information is affirmed.

The People have appealed from the granting of defendant's motion to dismiss an information alleging a violation of the Suffolk County Sanitary Code. Defendant, a subsidiary of the Metropolitan Transportation Authority is exempt from local enactments of this type (Public Authorities Law, § 1266, subd 8). That section is very broad in its application, and grants it the powers to do all things necessary...

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