County of Niagara v. Levitt (49 N.Y.2d 922, 1980)

New York Court of Appeals 1980-04-22

Citations

Full opinion text

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 constitutional (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.