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MATTER OF BUCK v. HURD

281 A.D. 115 (1952)

In the Matter of Richard M. Buck, on Behalf of Himself and All Others Similarly Situated, Respondent, v. T. Norman Hurd, as Director of the Budget of The State of New York, Appellant

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

December 30, 1952.

Attorney(s) appearing for the Case

John T. De Graff and John J. Kelly, Jr., for respondent.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, and John C. Crary, Jr., of counsel), for appellant.

FOSTER, P. J., BREWSTER and HALPERN, JJ., concur.

BERGAN, J.

Petitioner is employed as a carpenter at the Marcy State Hospital, a position allocated to salary grade G-8 in the State service. In that grade the maximum and minimum salary range is fixed by statute. (Civil Service Law, § 40, subd. 2.)

The petitioner and some employees in other crafts, such as asbestos workers, blacksmiths and tinsmiths, made an application to the Division of Classification...

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