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PEOPLE (THRUWAY) v. NYRAC

172 Misc.2d 865 (1997)

661 N.Y.S.2d 910

The People of the State of New York ex rel. New York State Thruway Authority, Appellant, v. NYRAC et al., Respondents.

Supreme Court, Appellate Term, Second Department.

April 24, 1997

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, New York City (Barbara Gott Billet, Thomas Hughes and Michael O. Huesten of counsel), for appellant. Reardon & Sclafani, P. C., Yonkers, for NYRAC, respondent. Daniel O'Halloran, respondent pro se. Tang Yue, respondent pro se.

DiPAOLA, P. J., COLLINS and INGRASSIA, JJ., concur.

MEMORANDUM.

Order unanimously reversed without costs, notices of liability reinstated and matter remanded to the court below for all further proceedings.

The underlying issue in this case is whether the City Court of Yonkers has subject matter jurisdiction over people alleged to have failed to pay the toll at the E-Z Pass toll booth in Yonkers. It involves the construction and application of section 2985 of the...

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