Morningside Heights Housing Corp. v. New York City Transit Authority

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent New York City Transit Authority, effective October 3, 1988, which eliminated certain speed restrictions on a certain subway line, the petitioners appeal from an order and judgment (one paper) of the Supreme Court, Kings County (Bernstein, J.), dated November 13, 1989, which granted the respondents’ motion to dismiss the petition, confirmed the determination, and dismissed the proceeding on the merits.

Ordered that the order and judgment is affirmed, with costs.

The Supreme Court correctly held that the…