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CON RAIL v. STATE OF NY

175 Misc.2d 855 (1998)

670 N.Y.S.2d 748

In the Matter of Consolidated Rail Corporation, Petitioner, v. State of New York et al., Respondents. In the Matter of City of Oswego, Petitioner, v. Joseph H. Boardman, as Commissioner of the New York Department of Transportation, et al., Respondents.

Supreme Court, Albany County.

March 2, 1998

Attorney(s) appearing for the Case

Menter, Rudin & Trivelpiece, P. C., Syracuse (Douglas J. Mahr of counsel), for Consolidated Rail Corporation, petitioner. Roemer, Wallens & Mineaux, L. L. P., Albany (Michael A. Greco of counsel), for City of Oswego, petitioner. Dennis C. Vacco, Attorney-General, Albany (Arthur L. Conduzio of counsel), for respondents.

HAROLD J. HUGHES, J.

Before this court are CPLR article 78 proceedings brought by Consolidated Rail Corporation (hereinafter Conrail) and the City of Oswego against the Commissioner of Transportation and Paul and Adeline Castaldo. The proceedings were previously consolidated by order signed by Justice Joseph C. Teresi on October 31, 1997. The petitions seek review of a determination made by the Commissioner...

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