Ordered that the judgment is affirmed, without costs or disbursements, for reasons stated by Justice Rosenblatt in his memorandum dated October 1, 1986.
We would add that the MTA's certification of the $235,369 wrongful death settlement as chargeable to the county as an "operation, maintenance and use" expense of the station (Public Authorities Law § 1277) was arbitrary and capricious (see, CPLR 7803; Metropolitan Transp. Auth. v City of New York, 32 A.D.2d 197, mod 26 N.Y.2d 817). Thus, the Supreme Court properly upheld the petitioners' challenge to this charge. However, the petitioners' challenge to the $52,260 snow removal charge was properly denied since the MTA had a rational basis for imposing this charge upon the county (see, Matter of Fazio v Joy, 58 N.Y.2d 674). Kooper, J.P., Sullivan, Harwood and Balletta, JJ., concur.