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MATTER OF STUTSON v. O'CONNELL

276 A.D. 602 (1950)

In the Matter of S. David Stutson, Appellant, v. John F. O'Connell et al., Individually and as Members of The State Liquor Authority, Respondents

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

April 25, 1950.

Attorney(s) appearing for the Case

Emil K. Ellis of counsel (Abraham J. Heller, Jonas Ellis, Abraham Beital and Lawrence M. Saigwitz with him on the brief; David Greenstein, attorney), for appellant.

Nathaniel L. Goldstein, Attorney-General (Irving L. Rollins and Wendell P. Brown of counsel), for respondents.

John T. DeGraff, for the Civil Service Employees Association, Inc., amicus curiæ.

DORE, J. P., COHN, CALLAHAN and SHIENTAG, JJ., concur.

VAN VOORHIS, J.

Petitioner-appellant has commenced this proceeding under article 78 of the Civil Practice Act to compel the State Liquor Authority to reinstate him in the position of beverage control investigator in the classified civil service. He was granted a leave of absence without pay May 22, 1945, due to illness. Under paragraph a of subdivision 1 of rule XVI of the Rules for Classified Civil Service, a...

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