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NYPIRG CAMPAIGN v. REUTER

293 A.D.2d 160 (2002)

739 N.Y.S.2d 127

In the Matter of NEW YORK PUBLIC INTEREST RESEARCH GROUP STRAPHANGERS CAMPAIGN et al., Respondents, v. LAWRENCE REUTER, as President of New York City Transit Authority, et al., Appellants.

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

March 7, 2002.

Attorney(s) appearing for the Case

Arthur Z. Schwartz of counsel, New York City (Kennedy, Schwartz & Cure, P.C., and Eric Schneiderman, attorneys), for respondents.

Herbert Teitelbaum of counsel, New York City (William J. Hibsher, William M. Heinzen and Steven R. Rogovin on the brief; Robinson Silverman Pearce Aronsohn & Berman LLP, attorneys), for appellants.

WILLIAMS, J.P., MAZZARELLI, ELLERIN and LERNER, JJ., concur.

OPINION OF THE COURT

RUBIN, J.

At issue on this appeal is whether Public Authorities Law § 1205 (5) requires respondents New York City Transit Authority, its president and the Metropolitan Transportation Authority (collectively, the TA) to give public notice, conduct a public hearing and obtain the approval of a majority of its board of directors prior to eliminating or reducing the hours during which 53 of its token booths are staffed. Because the...

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