Omega Transportation Co. v. Aiello — 52 N.Y.2d 939

Majority

p. 939

In the Matter of Omega Transportation Co., Inc., Repondent, v Stephen I. Aiello et al., Constituting the Board of Education of the City of New York, et al., Appellants.

Argued January 9, 1981;

decided February 12, 1981

p. 940

APPEARANCES OF COUNSEL

Allen G. Schwartz, Corporation Counsel (Alexander J. Wulwick and Carolyn E. Demarest of counsel), for appellants.

Norman Turk for respondent.

OPINION OF THE COURT

Order reversed, with costs, and petition dismissed (see Matter of Abco Bus Co. v Macchiarola, 52 NY2d 938 , de

p. 941

tided herewith). Question certified not answered as unnecessary.

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

Cases cited

Abco Bus Co. v. Macchiarola 52 NY2d 938 N.Y. 1981-02-12 p. 940