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MATTER OF GUNNING v. ALTMAN

198 Misc. 123 (1949)

In the Matter of John P. Gunning, on Behalf of Himself and Others Similarly Situated, Petitioner, v. Henry Altman et al., Constituting The Municipal Civil Service Commission of the City of Buffalo, et al., Respondents.

Supreme Court, Special Term, Erie County.

December 28, 1949.

Attorney(s) appearing for the Case

Michael Catalano for petitioner.

Fred C. Maloney and Gerald J. Shields for respondents.

VANDERMEULEN, J.

This is an application of John P. Gunning, the petitioner, for an order under article 78 of the Civil Practice Act against the Buffalo municipal civil service commission and the Buffalo commissioner of fire, directing the commission forthwith to rescind the certification of the so-called eligible list for the position of F-marine fireman (steam), department of fire (fire and passenger boat

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