In the Matter of NEW YORK PUBLIC INTEREST RESEARCH GROUP STRAPHANGERS CAMPAIGN, INC., et al., Respondents, and
ROGER TOUSSAINT, as President of Local 100, Transport Workers Union of America, Intervenor-Respondent,
v.
METROPOLITAN TRANSPORTATION AUTHORITY et al., Appellants.
In the Matter of AUTOMOBILE CLUB OF NEW YORK, INC., Respondent, and
VITO FOSSELLA et al., Intervenors-Respondents-Appellants,
v.
METROPOLITAN TRANSPORTATION AUTHORITY et al., Appellants-Respondents.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
July 15, 2003.
July 15, 2003.
Attorney(s) appearing for the Case
Brian O'Dwyer and Eric Schneiderman of counsel (Gary Silverman, Laura Gentile, Steven Aripotch, Thomas Shanahan, Gene Russianoff and Anthony LoPresti on the brief; O'Dwyer & Bernstien, LLP, Eric Schneiderman, Shanahan & Associates, P.C., and Davidson & LoPresti, attorneys), for respondents in first above-entitled proceeding.
Arthur Z. Schwartz of counsel (Daniel R. Bright on the brief; Kennedy, Schwartz & Cure, P.C., attorneys), for intervenor-respondent in first above-entitled proceeding.
Stephen Rackow Kaye and Gregg M. Mashberg of counsel (Charles S. Sims, Karen D. Coombs and James H. Freeman on the brief; Proskauer Rose LLP, Catherine A. Rinaldi, General Counsel, and Roger J. Schiera, Assistant General Counsel,Metropolitan Transportation Authority, Martin B. Schnabel, Vice President and General Counsel, and Florence Dean, Executive Assistant General Counsel, and New York City Transit Authority, attorneys), for appellants in first above-entitled proceeding.
Anthony S. Genovese of counsel (Michael F. Fitzgerald and Bradley F. Silverman on the brief; Robinson Brog Leinwand Greene Genovese & Gluck, P.C., attorneys), for respondent in second above-entitled proceeding.
Robert Allan Muir, Jr., of counsel (Robert Allan Muir & Associates, LLP, attorneys), for intervenors-respondents-appellants in second above-entitled proceeding.
Stephen Rackow Kaye and Gregg M. Mashberg of counsel (Charles S. Sims, Karen D. Coombs and James H. Freeman on the brief; Proskauer Rose LLP, Catherine A. Rinaldi, General Counsel, and Roger J. Schiera, Assistant General Counsel, Metropolitan Transportation Authority, Robert M. O'Brien, Vice President and General Counsel, and M. Margaret Terry, Deputy General Counsel, Triborough Bridge and Tunnel Authority, attorneys), for appellants-respondents in second above-entitled proceeding.
SULLIVAN, J.P., ELLERIN, LERNER and MARLOW, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, First Department.
OPINION OF THE COURT
ROSENBERGER, J.
These CPLR article 78 proceedings, which have been consolidated for purposes of appeal, were commenced by the New York Public Interest Research Group Straphangers Campaign (Straphangers) and the Automobile Club of New York (Automobile Club), as well as certain individuals, as challenges to the March 6, 2003, decisions of the Metropolitan Transportation Authority (MTA), the New York City Transit Authority (NYCTA) and the...
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