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ENGRS COUNCIL v. TRANSP DEPT

145 Misc.2d 652 (1989)

Consulting Engineers Council of New York State, Inc., et al., Petitioners, v. New York State Department of Transportation et al., Respondents.

Supreme Court, Albany County.

October 31, 1989

Attorney(s) appearing for the Case

Mackenzie, Smith, Lewis, Michell & Hughes for petitioners. Robert Abrams, Attorney-General (Mary Ellen Clerkin of counsel), for respondents.

F. WARREN TRAVERS, J.

Petitioners commenced this CPLR article 78 proceeding challenging various practices of respondents which relate to application and interpretation of State Finance Law § 136-a.

Respondents argue that the first cause of action is moot, that the petitioners seek an advisory opinion on the remaining issues or in the alternative that the practices of respondents are permissible...

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