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MATTER OF LEIDMAN v. REID

277 A.D. 34 (1950)

In the Matter of John Leidman, on Behalf of Himself and All Other Employees Similarly Situated, Appellant, v. William Reid et al., Constituting The Board of Transportation of the City of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 23, 1950.

Attorney(s) appearing for the Case

Charles Belous of counsel (Irving Lemov with him on the brief; Charles Belous, attorney), for appellant.

Henry J. Shields of counsel (Seymour B. Quel with him on the brief; John P. McGrath, Corporation Counsel, attorney), for respondents.

PECK, P. J., and GLENNON, J., concur with VAN VOORHIS, J., DORE, J., dissents in part in opinion which COHN, J., concurs.

VAN VOORHIS, J.

The question in this case is whether petitioner-appellant, a stenographer and typist employed by the board of transportation of the city of New York, is entitled to recover an annual increment at the rate of $120 for a period between the years 1942 to 1945. He was then in the military service of the United States. He claims under section 245 of the Military Law, which provides that "Every officer...

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