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OWNER OPERATOR v. NYS DEPT.

531495.

205 A.D.3d 53 (2022)

166 N.Y.S.3d 337

2022 NY Slip Op 02166

In the Matter Of OWNER OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC., et al., Appellants, v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided March 31, 2022.

Attorney(s) appearing for the Case

Tabner, Ryan & Keniry, LLP, Albany (Charles R. Stinson of The Cullen Law Firm, PLLC, Washington, DC, of counsel, admitted pro hac vice), for appellants.

Letitia James, Attorney General, Albany (Kevin C. Hu of counsel), for respondents.

GARRY, P.J., LYNCH, PRITZKER and COLANGELO, JJ., concur.

OPINION OF THE COURT

Appeal from a judgment of the Supreme Court (Cholakis, J.), entered May 7, 2020 in Albany County, which, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, granted respondents' motion to dismiss the petition/complaint.

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