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COUNTY OF NIAGARA v. LEVITT

49 N.Y.2d 922 (1980)

County of Niagara, Appellant, v. Arthur Levitt, as State Comptroller, et al., Respondents.

Court of Appeals of the State of New York.

Decided April 22, 1980.

Attorney(s) appearing for the Case

John V. Simon, County Attorney (Miles A. Lance of counsel), for appellant.

Robert Abrams, Attorney-General (William J. Kogan and Shirley Adelson Siegel of counsel), for Arthur Levitt, as State Comptroller, respondent.

William E. Straub for Niagara Frontier Transportation Authority and another, respondents.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

Order modified, with costs to respondents, by declaring section 18-b (subd 5, par c) of the Transportation Law to be constitutional (Lanza v Wagner, 11 N.Y.2d 317, 334) and, as so modified, affirmed for reasons stated in the opinion by Mr. Justice JOSEPH P. KUSZYNSKI at Supreme Court, Erie County (97 Misc.2d 421

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