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MESSENGER SERV. v. HENNESSY

97 Misc.2d 89 (1978)

In the Matter of Choice Messenger Service, Inc., et al., Petitioners, v. William C. Hennessy, as Commissioner of the Department of Transportation of the State of New York, Respondent; Kencal Messenger Service, Inc., Intervenor-Respondent.

Supreme Court, Special Term, Albany County.

October 16, 1978

Attorney(s) appearing for the Case

J. Kevin Meneilly for petitioners. Sandra Mitchell Caron for respondent. Robert B. Schlather for Kencal Messenger Service, Inc., intervenor-respondent.

AARON E. KLEIN, J.

Petitioners, by way of this CPLR article 78 proceeding, seek an order annulling the determination of the Commissioner of the Department of Transportation of the State of New York, granting a certificate of public convenience and necessity to Kencal Messenger Service, Inc. (Kencal), pursuant to article 7 of the Transportation Law on the ground that said granting of the certificate of public...

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