County of Niagara v. Levitt

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 *924constitutional (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.