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MATTER OF MURRAY v. MCNAMARA

303 N.Y. 140 (1951)

In the Matter of Alexander Murray et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, v. Joseph A. McNamara et al., Constituting The Municipal Civil Service Commission of the City of New York, Respondents.

Court of Appeals of the State of New York.

Decided July 11, 1951

Attorney(s) appearing for the Case

Charles Haydon for appellants.

John P. McGrath, Corporation Counsel (Andrew Bellanca and Seymour B. Quel of counsel), for respondents.

LEWIS, CONWAY and DYE, JJ., concur with FROESSEL, J.; FULD, J., dissents in opinion in which LOUGHRAN, Ch. J., and DESMOND, J., concur.

FROESSEL, J.

Petitioners-appellants, two of the persons who passed an open competitive examination for the position of paver, seek, in this article 78 proceeding, an order directing respondents, who constitute the Municipal Civil Service Commission of the City of New York, (1) to remove certain persons from the paver list on the ground that such persons did not have five years' satisfactory experience as paver...

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