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LOYAL TIRE & AUTO CTR. v. NEW YORK STATE THRUWAY AUTH.

227 A.D.2d 82 (1997)

652 N.Y.S.2d 804

In the Matter of Loyal Tire and Auto Center, Inc., Respondent, v. New York State Thruway Authority et al., Appellants

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

January 16, 1997

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, New York City (Robert M. Goldfarb of counsel), for appellants.

Birbrower, Montalbano, Condon & Frank, P. C., New York City (Richard H. Sarajian of counsel), for respondent.

CASEY, YESAWICH JR., SPAIN and CARPINELLO, JJ., concur.

MIKOLL, J. P.

The issue to be resolved on this appeal is whether a letter of authorization issued by respondent New York State Thruway Authority (hereinafter respondent) to petitioner, a garage and towing center, pursuant to 21 NYCRR 104.1 (b) and 102.1 (a) (16) (i), which permitted petitioner to enter a given section of the Thruway and remove disabled or abandoned vehicles, was properly terminated by respondent...

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