Rogers v. New York City Transit Authority
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
This CPLR article 78 proceeding seeks review and annulment of the New York City Transit Authority’s determination, under which petitioner-appellant James Rogers was fined $50 for selling his organization’s newspaper on a subway station platform in violation of Rules of the Metropolitan Transportation Authority § 1050.6 (b) (21 NYCRR 1050.6 [b]). The Appellate Division order reversed a Supreme Court judgment in Rogers’ favor, confirmed the Transit Authority determination and dismissed the proceeding. Rogers appeals as of right on constitutional grounds (CPLR…
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