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  5. 249 A.D.2d 307 (1998)
 

MATTER OF ROSSI v. METRO. TRANSP. AUTH.

249 A.D.2d 307 (1998)

670 N.Y.S.2d 904

In the Matter of Thomas Rossi et al., Respondents, v. Metropolitan Transportation Authority et al., Appellants

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

April 6, 1998

Ordered that the order and judgment is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to dismiss the proceeding insofar as asserted by the petitioner Gregory A. Papa is granted, the petition is denied, and the proceeding is dismissed on the merits.

The appellants Metropolitan Transportation Authority (hereinafter the MTA) and the Long Island Rail Road (hereinafter the LIRR...

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