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MTR. OF DEKDEBRUN v. HARDT

68 A.D.2d 241 (1979)

In the Matter of Allen E. Dekdebrun, Jr., Respondent, v. Chester R. Hardt, as Chairman of The Niagara Frontier Transportation Authority, et al., Appellants

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

May 22, 1979

Attorney(s) appearing for the Case

William E. Straub for appellants.

Findlay, Hackett, Reid & Wattengel and Kinney, Buch & Mattrey (Glenn Hackett of counsel), for respondent.

HANCOCK, JR., and CALLAHAN, JJ., concur with MOULE, J.; CARDAMONE, J. P., and SIMONS, J., dissent and vote to reverse the order, grant the motion and dismiss the petition, in an opinion by CARDAMONE, J. P.

MOULE, J.

Defendants contend on this appeal that Special Term erred in denying their motion to dismiss plaintiff's petition. Although this action was commenced as an article 78 proceeding, it was treated by Special Term and the parties as one for declaratory judgment.

On January 2, 1979 Governor Hugh L. Carey appointed Allen E. Dekdebrun as chairman of the Niagara Frontier Transportation Authority (NFTA...

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