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MATTER OF BEST PAYPHONES, INC. v. ENVIRONMENTAL CONTROL BOARD OF THE CITY OF NEW YORK

Nos. 5821, 112128/08.

88 A.D.3d 595 (2011)

931 N.Y.S.2d 64

2011 NY Slip Op 7496

In the Matter of BEST PAYPHONES, INC., Appellant, v. ENVIRONMENTAL CONTROL BOARD OF THE CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 25, 2011.

Previously in this litigation, the Court of Appeals (5 N.Y.3d 30 [2005]) affirmed dismissal of petitioner's article 78 petition seeking, inter alia, to compel a public pay telephone (PPT) franchise agreement between it and respondent the Department of Information Technology and Telecommunication of the City of New York, concluding that petitioner's challenge to a January 2000 letter from Corporation Counsel purporting to disapprove PPT...

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