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MATTER OF FUSCO v. MOSES

304 N.Y. 424 (1952)

In the Matter of Anthony B. Fusco et al., Respondents, v. Robert Moses, as Chairman of The Triborough Bridge and Tunnel Authority of the City of New York, Appellant.

Court of Appeals of the State of New York.

Decided July 15, 1952

Attorney(s) appearing for the Case

G. Frank Dougherty and Ruth I. Wilson for appellant.

Asher W. Schwartz for respondents.

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

LEWIS, J.

We review a nonunanimous order of the Appellate Division affirming an order of Special Term which annulled resolutions by the Triborough Bridge and Tunnel Authority of the City of New York dismissing petitioners from their positions as bridge and tunnel officers and directing restoration of their civil service status and rights.

The petitioners, as veterans and employees in the competitive class...

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