Opinion
Decided July 6, 1981
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, SEBASTIAN LEONE, J.
J. Irwin Shapiro for appellant.
Leonard M. Simon and Peter R. Silverman for Staten Island Bus, Inc., respondent.
Allen G. Schwartz, Corporation Counsel (Marvin R. Kwartler of counsel), for Board of Education of City of New York, respondent.
Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 82 A.D.2d 891). We would additionally observe that substitution of transportation furnished by private carrier for that previously supplied by the Transit Authority will be of such quantum as to work a substantial change in the character of the transportation system on Staten Island rather than merely an expansion of the services previously furnished by the private carrier.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG. Taking no part: Judge MEYER.