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ROGERS v. NYC TR. AUTH.

89 N.Y.2d 692 (1997)

680 N.E.2d 142

657 N.Y.S.2d 871

In the Matter of James L. Rogers, Appellant, v. New York City Transit Authority, Respondent.

Court of Appeals of the State of New York.

Decided May 1, 1997.

Attorney(s) appearing for the Case

Arthur N. Eisenberg, New York City, Christopher Dunn and Norman Siegel for appellant.

Ira J. Lipton, Brooklyn, and Martin B. Schnabel for respondent.

Chief Judge KAYE and Judges TITONE, SMITH, LEVINE, CIPARICK and WESLEY concur.

BELLACOSA, J.

This CPLR article 78 proceeding seeks review and annulment of the New York City Transit Authority's determination, under which petitioner-appellant James Rogers was fined $50 for selling his organization's newspaper on a subway station platform in violation of Rules of the Metropolitan Transportation Authority § 1050.6 (b) (21 NYCRR 1050.6 [b]). The Appellate Division order reversed a Supreme...

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