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County of Niagara v. Arthur Levitt, as State Comptroller
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
[924] 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.