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MATTER OF GRAVES v. BRENNAN

198 Misc. 617 (1950)

In the Matter of Milford W. Graves, Petitioner, v. Paul P. Brennan et al., Constituting The Municipal Civil Service Commission of the City of New York, et. al., Respondents.

Supreme Court, Special Term, New York County.

September 8, 1950.

Attorney(s) appearing for the Case

Fred G. Morritt for petitioner.

John P. McGrath, Corporation Counsel (Michael J. Kilcommons of counsel), for respondents.

DICKSTEIN, J.

This application under article 78 of the Civil Practice Act, presents the construction of section 6 of article V of the New York State Constitution which deals with veterans' preferences. The facts are not in dispute. Practitioner, an honorably discharged veteran of World War II, successfully competed in an examination for railroad clerk in the board of transportation. He was thereupon appointed to the position subject to an investigation...

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