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MATTER OF METROPOLITAN TRANSPORTATION AUTHORITY

32 A.D.3d 943 (2006)

823 N.Y.S.2d 88

In the Matter of METROPOLITAN TRANSPORTATION AUTHORITY, Respondent. (Proceeding No. 1.) In the Matter of NEW YORK & ATLANTIC RAILWAY, Petitioner, and SOUTHEAST PRODUCE, LTD., Appellant, v. METROPOLITAN TRANSPORTATION AUTHORITY et al., Respondents. (Proceeding No. 2.)

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

September 19, 2006.

Ordered that the judgment is reversed, on the law, with costs, the petition in the condemnation proceeding is denied and that proceeding is dismissed, the petition/complaint in the hybrid CPLR article 78 proceeding/declaratory judgment action is reinstated, and that petition/complaint is granted to the extent that it is declared that the condemnation proceeding is preempted by the Interstate Commerce Commission Termination Act of 1995 (49 USC § 10101 et seq.)...

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