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Staten Island Bus, Inc. v. Board of Education

54 N.Y.2d 705 Court N.Y. Decision date 1981-07-06 English

Contents

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p. 705
In the Matter of Staten Island Bus, Inc., Respondent, v Board of Education of the City of New York, Respondent, and Pioneer Transportation Corp., Appellant.
Decided July 6, 1981
p. 706
APPEARANCES OF COUNSEL
J. Irwin Shapiro for appellant.
Leonard M. Simon and Peter R. Silverman for Staten Island Bus, Inc., respondent.
Allen G. Schwartz, Corporation Counsel (Marvin R. Kwartler of counsel), for Board of Education of City of New York, respondent.
p. 707
OPINION OF THE COURT

• Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 82 AD2d 891 ). We would additionally observe that substitution of transportation furnished by private carrier for that previously supplied by the Transit Authority will be of such quantum as to work a substantial change in the character of the transportation system on Staten Island rather than merely an expansion of the services previously furnished by the private carrier.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg. Taking no part: Judge Meyer.

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