NEWSDAY v. DEPT. OF TRANSP.


1 Misc.3d 321 (2003)

765 N.Y.S.2d 758

In the Matter of NEWSDAY, INC., Petitioner, v. STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION, Respondent.

Supreme Court, Albany County.

October 8, 2003.


Attorney(s) appearing for the Case

McNamee, Lochner, Titus & Williams, P.C., Albany, for petitioner.

Eliot Spitzer, Attorney General, Albany (Charles J. Quackenbush of counsel), for respondent.


OPINION OF THE COURT

GEORGE B. CERESIA, JR., J.

In 1958 Congress declared that it was in the national interest to develop a nationwide highway system to be financed through federal aid (see, 23 USC § 101 [b]). In furtherance of this objective Congress, in 1966, adopted the Highway Safety Act (23 USC § 401 et seq.; see, Pierce County v Guillen, 537 U.S. 129

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