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STRAPHANGERS CAMPAIGN v. MTA

196 Misc.2d 502 (2003)

765 N.Y.S.2d 422

In the Matter of NEW YORK PUBLIC INTEREST RESEARCH GROUP STRAPHANGERS CAMPAIGN, INC., et al., Petitioners, and ROGER TOUSSAINT, as President of Local 100, Transport Workers Union of America, Intervenor-Petitioner, v. METROPOLITAN TRANSPORTATION AUTHORITY et al., Respondents.

Supreme Court, New York County.

May 15, 2003.

Attorney(s) appearing for the Case

Shanahan & Associates, P.C., New York City (Thomas D. Shanahan and Eric Schneiderman of counsel), and Davidson & LoPresti, LLP, New York City (Anthony A. LoPresti of counsel), for petitioners.

Kennedy, Schwartz & Cure, P.C., New York City (Daniel Brite of counsel), for intervenor-petitioner.

Proskauer, Rose, LLP, New York City (Gregg Mashberg of counsel), and Catherine A. Rinaldi, Brooklyn (Paulette Johnson of counsel), for respondents.

OPINION OF THE COURT

LOUIS B. YORK, J.

This is a CPLR article 78 proceeding challenging the March 6, 2003 determination by the Metropolitan Transportation Authority's Board of Directors (the Board) to raise subway, bus and commuter railroad fares, and scale back or close certain station booths. For the reasons below, the court grants the petition, declares the notice and the Board vote invalid, vacates the vote in question except as it relates to the tolls...

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