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  5. 46 N.Y.2d 1061 (1979)
 

MATTER OF BAUMANN & SONS BUSES, INC. v. BD. OF EDUC. NORTHPORT-E. NORTHPORT UNION FREE SCH. DIST.

46 N.Y.2d 1061 (1979)

In the Matter of Baumann & Sons Buses, Inc., et al., Respondents, v. Board of Education, Northport-East Northport Union Free School District, Appellant, and Starlite Bus Company, Inc., Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided April 5, 1979.

Attorney(s) appearing for the Case

Bernard C. Smith for appellant.

Frederic Block and Joel Markowitz for respondents.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum; Judge JASEN dissents and votes to affirm in a separate opinion.

MEMORANDUM.

The judgment of Supreme Court appealed from and the order of the Appellate Division thereby brought up for review should be reversed, with costs, and the earlier judgment of Supreme Court dismissing the petition reinstated.

Although we are informed that the particular controversy between the parties has now been resolved, we do not dismiss the appeal on grounds of mootness. The issue of statutory construction...

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