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MATTER OF LEARY v. HURD

203 Misc. 826 (1953)

In the Matter of John E. Leary et al., on Behalf of Themselves and Others Similarly Situated, Petitioners, v. T. Norman Hurd, as Budget Director of The State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

January 30, 1953.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, Herman N. Harcourt and J. Bruce MacDonald of counsel), for respondents.

William J. Rooney for petitioners.

TAYLOR, J.

Petitioners seek an order pursuant to article 78 of the Civil Practice Act "directing the respondent, T. Norman Hurd, to cancel and annul the determination hereinbefore made that it is `impractical' to apply the provisions of Section 41-a of the Civil Service Law of the State of New York to the positions held by the Petitioners and others similarly situated." They seek further relief against the remaining...

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