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  5. 52 N.Y.2d 913 (1981)
 

CICCONE v. WATERFRONT COMM'N OF NEW YORK HARBOR

52 N.Y.2d 913 (1981)

Anthony Ciccone, Respondent, v. Waterfront Commission of New York Harbor, Appellant. Joseph A. Byrne, Respondent, v. Waterfront Commission of New York Harbor, Appellant. Russell W. Neitz, Respondent, v. Waterfront Commission of New York Harbor, Appellant. Northeast Marine Terminal Co., Inc., Respondent, v. Waterfront Commission of New York Harbor, Appellant.

Court of Appeals of the State of New York.

Decided February 10, 1981.

Attorney(s) appearing for the Case

James J. McConnell and Susan Lushing for appellant.

Howard Schulman, Robert H. Bogucki and David Jaffe for Anthony Ciccone, respondent.

Martin J. McHugh, Dennis C. McMahon and William M. Kimball for Joseph Byrne and another, respondents.

Mark Abromowitz, Elliot Cohen and Michael Friedman for Northeast Marine Terminal Co., Inc., respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The judgment of the Appellate Division should be reversed, with costs, the determination of the Waterfront Commission reinstated, and the petitions dismissed.

There was substantial evidence before the commission, considering both the evidentiary facts stipulated and the factual inferences reasonably to be drawn from them, to support the determination (cf.

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