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MEDICAB v. MED. SERVS.

66 A.D.2d 111 (1979)

In the Matter of Medicab of New York, Inc., Respondent, v. New York State Emergency Medical Services Council of the New York State Department of Health et al., Appellants, and Commissioner of Transportation of the State of New York, Intervenor-Appellant

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

January 25, 1979

Attorney(s) appearing for the Case

Jerome T. Levy (Ronald Pehr and Eugene M. Laks of counsel), for appellants.

Rubin Baum Levin Constant & Friedman (Gerald Harris of counsel), for respondent.

Frederick Goldfeder for intervenor-appellant.

SWEENEY, J. P., KANE, MAIN and MIKOLL, JJ., concur.

HERLIHY, J.

The petitioner is an operator of an invalid coach service and in March of 1976 it sought to extend its operations to include the Counties of Nassau and Suffolk. On March 23, 1976, it applied to the Department of Transportation (hereinafter Transportation) for a permit to operate as a contract carrier of passengers in the subject counties. On November 23, 1976, Transportation issued the permit.

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