MATTER OF CALLANAN INDUS., INC. v. WHITE


123 A.D.2d 462 (1986)

In the Matter of Callanan Industries, Inc., Respondent, v. Franklin E. White, as Commissioner of Transportation of The State of New York, Appellant

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

September 9, 1986


Motion for modification of this court's order or, in the alternative, for permission to appeal to the Court of Appeals denied, without costs. From a review of the judgment appealed from and the decision on which the judgment is based, it is our opinion that the judgment did not declare the entire contents of section 7.1-7-4 of the Department of Transportation's Manual of Administrative Procedures invalid as in excess of jurisdiction, in violation of lawful procedure and arbitrary...

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