We find that the petitioner has not conclusively established that it was licensed to operate its vehicles at a fixed rate of fare and affirm upon the decision of Mr. Justice Hughes at Special Term. The motion of respondent for a dismissal of the petition upon the ground that sole jurisdiction was in the Court of Claims was denied by Special Term, and no appeal has been taken by the State which would raise that issue. In view of our affirmance of the judgment entered herein...
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