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  5. 143 A.D.2d 191 (1988)
 

MATTER OF PATTISON v. METRO. TRANSP. AUTH.

143 A.D.2d 191 (1988)

In the Matter of Lucille P. Pattison, Individually and as County Executive of The County of Dutchess, et al., Respondents-Appellants, v. Metropolitan Transportation Authority, Appellant-Respondent

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

August 15, 1988

Ordered that the judgment is affirmed, without costs or disbursements, for reasons stated by Justice Rosenblatt in his memorandum dated October 1, 1986.

We would add that the MTA's certification of the $235,369 wrongful death settlement as chargeable to the county as an "operation, maintenance and use" expense of the station (Public Authorities Law § 1277) was arbitrary and capricious (see, CPLR 7803 [3];

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