MATTER OF STATEN ISLAND BUS, INC. v. BD. OF EDUC. OF THE CITY OF NEW YORK


54 N.Y.2d 705 (1981)

In the Matter of Staten Island Bus, Inc., Respondent, v. Board of Education of the City of New York, Respondent, and Pioneer Transportation Corp., Appellant.

Court of Appeals of the State of New York.

Decided July 6, 1981.


Attorney(s) appearing for the Case

J. Irwin Shapiro for appellant.

Leonard M. Simon and Peter R. Silverman for Staten Island Bus, Inc., respondent.

Allen G. Schwartz, Corporation Counsel (Marvin R. Kwartler of counsel), for Board of Education of City of New York, respondent.

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


Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (82 A.D.2d 891). We would additionally observe that substitution of transportation furnished by private carrier for that previously supplied by the Transit Authority will be of such quantum as to work a substantial change in the character of the transportation system on Staten Island rather than merely an expansion of the services previously furnished...

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