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MATTER OF SEHULSTER v. CARNEY

276 A.D. 592 (1950)

In the Matter of Louis C. Sehulster, Appellant, v. Stephen J. Carney, as Commissioner of The Department of Water, Gas & Electricity of the City of New York, et al., Respondents

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

April 25, 1950.

Attorney(s) appearing for the Case

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

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

COHN and CALLAHAN, JJ., concur with DORE, J.; SHIENTAG, J., dissents and votes to modify the order so as to provide back pay, in opinion in which VAN VOORHIS, J., concurs.

DORE, J.

In a proceeding under article 78 of the Civil Practice Act, Trial Term directed the commissioner of the department of water, gas and electricity "to reinstate * * * and employ the petitioner" as a clerk, Grade 3 (noncompetitive class) in the department "as of August 21, 1947" with a leave of absence without pay from July to September, 1947; but denied petitioner any back salary. The commissioner and the...

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