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  5. 47 N.Y.2d 945 (1979)
 

MATTER OF SPRUILS v. NEW YORK CITY TRANSIT AUTH.

47 N.Y.2d 945 (1979)

In the Matter of Adrena F. Spruils, Respondent, v. New York City Transit Authority et al., Appellants.

Court of Appeals of the State of New York.

Decided June 28, 1979.

Attorney(s) appearing for the Case

John A. Murray, Alphonse E. D'Ambrose, Helen R. Cassidy and Eugene Freidus for appellants.

Eric D. Balber and Deborah M. Greenberg for respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER. Taking no part: Judge FUCHSBERG.

Judgment appealed from and the order of the Appellate Division brought up for review reversed, with costs, and the petition dismissed (see New York City Tr. Auth. v Beazer, 440 U.S. 568; Matter of Pell v Board of Educ., 34 N.Y.2d 222

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