Opinion
Argued March 20, 1980
Decided April 22, 1980
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOSEPH P. KUSZYNSKI, J.
John V. Simon, County Attorney (Miles A. Lance of counsel), for appellant.
Robert Abrams, Attorney-General (William J. Kogan and Shirley Adelson Siegel of counsel), for Arthur Levitt, as State Comptroller, respondent.
William E. Straub for Niagara Frontier Transportation Authority and another, respondents.
Order modified, with costs to respondents, by declaring section 18-b (subd 5, par c) of the Transportation Law to be constitutional (Lanza v Wagner, 11 N.Y.2d 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.