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FIGLIOLA v. AMERUSO

86 A.D.2d 199 (1982)

George Figliola et al., Appellants, v. Anthony R. Ameruso, as Commissioner of the Department of Transportation of The City of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

April 27, 1982

Attorney(s) appearing for the Case

Joseph Frost of counsel (Edward Idell with him on the brief; Rappaport & Frost, attorneys), for appellants.

Joan E. Handler of counsel (Francis F. Caputo with her on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for respondents.

SULLIVAN and ROSS, JJ., concur with LUPIANO, J.; KUPFERMAN, J. P., concurs in an opinion; CARRO, J., dissents in a separate opinion.

LUPIANO, J.

In this CPLR article 78 proceeding, petitioners seek to compel respondents to grant them a street opening permit authorizing them to permanently restore the street pavement at the opening site, instead of the permit which was granted them and which required that the pavement be permanently restored by the Bureau of Highway Operations at petitioners' expense. Petitioner George Figliola is a licensed...

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