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  5. 62 N.Y.2d 897 (1984)
 

MATTER OF BERGAMINI v. MANHATTAN & BRONX SURFACE TRANSIT OPERATING AUTH.

62 N.Y.2d 897 (1984)

In the Matter of Carl Bergamini, Respondent, v. Manhattan and Bronx Surface Transit Operating Authority, Appellant, et al., Respondent.

Court of Appeals of the State of New York.

Decided June 12, 1984.

Attorney(s) appearing for the Case

Steve S. Efron, Richard K. Bernard and Carla Lowenheim for appellant.

Eugene M. Kaufman for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the certified question answered in the negative.

As we have held in Collins v Manhattan & Bronx Surface Tr. Operating Auth. (62 N.Y.2d 361), MABSTOA is not required by section 6 of article V of the Constitution to make appointments and promotions...

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