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MATTER OF MORGAN v. CONWAY

202 Misc. 10 (1952)

In the Matter of William C. Morgan, Petitioner, v. J. Edward Conway et al., Constituting The Civil Service Commission of the State of New York, Respondents.

Supreme Court, Special Term, Albany County.

July 16, 1952.

Attorney(s) appearing for the Case

Daniel P. A. Sweeney for petitioner.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Herman N. Harcourt and Richard H. Shepp of counsel), for respondents.

HAMM, J.

This is a motion pursuant to article 78 of the Civil Practice Act.

A year ago February the petitioner took a promotional examination No. 1231 and entitled "Tax Administrative Supervisor — Corporation". Concededly he received from the monitor no oral instructions. Neither, according to his contention, did he receive the first sheet of the examination, which contained these instructions:...

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