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BUS OPERATORS v. NASSAU COUNTY

39 N.Y.2d 638 (1976)

New York State School Bus Operators Association et al., Appellants, v. County of Nassau et al., Respondents.

Court of Appeals of the State of New York.

Decided June 3, 1976.

Attorney(s) appearing for the Case

Samuel B. Zinder, P. C., for appellants.

John F. O'Shaughnessy, County Attorney (William S. Norden, Natale C. Tedone and Charles F. Lynch of counsel), for County of Nassau and another, respondents.

Eugene P. Souther, Daniel P. Fitzgerald and Jon Paul Robbins for Metropolitan Transportation Authority and another, respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

Order of the Appellate Division affirmed, with costs.

By Constitution and statute municipalities are given the power to acquire transit facilities (NY Const, art IX, § 2, subd [c], par 7; Municipal Home Rule Law, § 10, subd 1, par [ii], cl a, subdcl [7]). Neither contains any limiting definition. Absent restrictive language the term "transit facilities" covers any tangible means of moving people...

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