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A.C. TRANSP. v. BD. OF EDUC.

253 A.D.2d 330 (1999)

687 N.Y.S.2d 1

A.C. Transportation, Inc., et al., Plaintiffs, Varsity Transit, Inc., et al., Respondents, and Alabaster Bus Service, Inc., et al., Respondents-Appellants, v. Board of Education of the City of New York, Appellant-Respondent, and Commissioner of the New York State Education Department et al., Respondents-Appellants

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

January 26, 1999

Attorney(s) appearing for the Case

Joseph R. Harbeson of counsel (Cooper & Cooper, L. L. P., attorneys), for Varsity Transit, Inc., respondent.

William O'Brien of counsel, New York City (Kronish, Lieb, Weiner & Hellman, L. L. P., attorneys), for Caravan Transportation, Inc. and others, respondents.

Anthony J. Cincotta, P. C., for Boyton Bus Inc. and another, respondents.

Hal Neier of counsel, New York City (Barry E. Warner on the brief; Friedman Kaplan & Seiler, L. L. P., attorneys), for Parochial Bus System, Inc. and another, respondents.

Eric A. Rundbaken of counsel, New York City (Stephen J. McGrath and Cheryl Payer on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for appellant-respondent.

John B. Curcio of counsel, New York City (Thomas D. Hughes on the brief; Dennis C. Vacco, Attorney-General, attorney), for defendants-respondents-appellants.

NARDELLI, J. P., WALLACH and LERNER, JJ., concur.

RUBIN, J.

This appeal concerns the amount to be paid to plaintiff school bus operators pursuant to provisions of the Education Law and pertinent New York State Education Department regulations. In dispute are the maximum annual increases prescribed for the extension of existing contracts for the school years commencing in September 1986 and ending in June 1992. At issue is the meaning to be ascribed to Education...

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