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MATTER OF SMITH v. STADIUM & MEM'L AUDITORIUM

197 Misc. 529 (1948)

In the Matter of J. Baxter Smith, Petitioner, v. Board of Stadium and Memorial Auditorium of the City of Buffalo et al., Respondents.

Supreme Court, Special Term, Erie County.

March 6, 1948.

Attorney(s) appearing for the Case

Alexander Taylor for petitioner.

Fred C. Maloney, Corporation Counsel (Gerald J. Shields and Edward J. Ruehl of counsel), for respondents.

WILLIAMS, J.

Petitioner seeks an order under article 78 of the Civil Practice Act, reinstating him to his former position of "Director of Stadium and Memorial Auditorium" of the City of Buffalo, New York.

He is an honorably discharged veteran of World War I and contends that under subdivision 1 of section 22 of the Civil Service Law, he could not be removed except for incompetency

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