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CITY OF NY v. STATE OF NY

282 A.D.2d 134 (2001)

725 N.Y.S.2d 10

In the Matter of CITY OF NEW YORK, Respondent, v. STATE OF NEW YORK et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

May 1, 2001.

Attorney(s) appearing for the Case

Ellen B. Fishman of counsel (Leonard Koerner on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for respondent.

Deon J. Nossel of counsel (Robert A. Forte on the brief; Eliot Spitzer, Attorney General of the State of New York, attorney), for appellants.

SULLIVAN, P. J., ELLERIN, LERNER and FRIEDMAN, JJ., concur.

OPINION OF THE COURT

NARDELLI, J.

In this appeal, we are called upon to address a narrow issue of statutory construction, specifically, whether the term "such city" as set forth within the provisions of section 349-c (8-a) of the Highway Law was intended by the Legislature to include the City of New York.

The Statutory Scheme

Article XII-B of the Highway Law (§ 349-b et seq.) was enacted in 1944 in order to create a Statewide...

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