New York Court of Appeals, 1980

County of Niagara v. Levitt

County of Niagara v. Levitt
New York Court of Appeals · Decided April 22, 1980
49 N.Y.2d 922; 406 N.E.2d 490; 428 N.Y.S.2d 675; 1980 N.Y. LEXIS 2281

County of Niagara v. Levitt

Opinion of the Court

OPINION OF THE COURT

Order modified, with costs to respondents, by declaring section 18-b (subd 5, par c) of the Transportation Law to be *924constitutional (Lanza v Wagner, 11 NY2d 317, 334) and, as so modified, affirmed for reasons stated in the opinion by Mr. Justice Joseph P. Kuszynski at Supreme Court, Erie County (97 Misc 2d 421).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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