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IN THE MATTER OF SAMUELSEN v. WALDER

105957/10, Motion Seq. No. 01

2010 NY Slip Op 31519(U)

In the Matter of the Application of JOHN SAMUELSEN, Individually and as President of LOCAL 100, TRANSPORT WORKERS UNION Decision and Order OF GREATER NEW YORK, BERTHA LEWIS, and the ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW, INC., Petitioners, For an Order Pursuant to Article 78 of the Civil Practice Law and Rules, and Sections 1204 and 1205 of the Public Authorities Law, v. JAY WALDER, as Chief Executive Officer of THE METROPOLITAN TRANSPORTATION AUTHORITY, and THE NEW YORK CITY TRANSIT AUTHORITY, Respondents.

Supreme Court, New York County.

June 4, 2010.

Attorney(s) appearing for the Case

Arthur Z. Schwartz, Esq., Schwartz, Lichten & Bright, P.C., 275 Seventh Avenue, 17th Floor, New York, New York 10001, 212.228.6320, for the Petitioners.

Martin B. Schnabel, Esq., Florence Dean, Esq. New York City Transit Authority James B. Henley, Esq. Metropolitan Transp. Authority 130 Livingston Street Brooklyn, New York 11201, 718.694.3900 for the Respondents.

Decision & Order

SALIANN SCARPULLA, Judge.

This Article 78 proceeding concerns when, and under what circumstances, a public benefit corporation, formed to provide the public with a valuable public service, must permit the public to comment on decisions which may have a profound effect on it. In addition, the proceeding concerns whether, and under what circumstances, a court may intervene to enjoin budget decisions made by the public benefit corporation...

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