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MATTER OF WE CARE TRANSPORTATION, INC. v. TAX APPEALS TRIBUNAL OF THE STATE OF NEW YORK

298 A.D.2d 717 (2002)

749 N.Y.S.2d 299

In the Matter of WE CARE TRANSPORTATION, INC., Petitioner, v. TAX APPEALS TRIBUNAL OF THE STATE OF NEW YORK et al., Respondents.

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

Decided October 24, 2002.

Cardona, P.J.

Petitioner maintains a fleet of 59 omnibuses and operates under a certificate of public convenience and necessity issued by the Department of Transportation as a common carrier of passengers with disabilities. Forty-five of the vehicles are shortened yellow buses specifically tailored for the transportation of children with disabilities and are used principally in connection with a special transportation contract with Erie County. When the buses are...

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