MATTER OF WEXLER v. CONWAY


203 Misc. 673 (1952)

In the Matter of Philip A. Wexler, Petitioner, v. J. Edward Conway et al., Constituting The Civil Service Commission of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

September 13, 1952.


Attorney(s) appearing for the Case

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

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

Ernest B. Morris for Edward L. Block, intervener.


HAMM, J.

This is a proceeding under article 78 of the Civil Practice Act to restrain the respondents from rescinding the petitioner's appointment in the Department of Public Service and from certifying or appointing any other person to his position.

Edward L. Block, an intervener by consent of all of the parties mentioned in the title, was one of the competitors in the examination taken by the petitioner...

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