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MATTER OF EBLING v. N. Y. STATE CIVIL SERV. COMM.

305 N.Y. 221 (1953)

In the Matter of Catherine Ebling, Appellant, v. New York State Civil Service Commission et al., Respondents. In the Matter of John Filip et al., Appellants, v. J. Edward Conway et al., Constituting The Civil Service Commission of the State of New York, et al., Respondents. In the Matter of Harold Doyle et al., Appellants, v. J. Edward Conway et al., Constituting The Civil Service Commission of the State of New York, et al., Respondents. In the Matter of Harry P. Minich, Appellants, v. J. Edward Conway et al., Constituting The Civil Service Commission of the State of New York, et al., Respondents. In the Matter of Edward J. O'Malley et al., Appellants, v. J. Edward Conway et al., Constituting The Civil Service Commission of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided April 9, 1953

Attorney(s) appearing for the Case

Leonard N. Lakser for Catherine Ebling, appellant.

Thomas J. O'Donnell for John Filip and others, appellants.

Nathaniel L. Goldstein, Attorney-General (Matthew A. Tiffany and Wendell P. Brown of counsel), for respondents.

DYE and FULD, JJ., concur with DESMOND, J.; CONWAY, J., concurs in the result upon the dissenting memorandum of PIPER, J., in the Appellate Division; FROESSEL, J., dissents in opinion in which LOUGHRAN, Ch. J., and LEWIS, J., concur.

DESMOND, J.

In April, 1949, all fifteen of these petitioners were, without notice or hearing, removed, by order of respondent State Civil Service Commission, from their respective positions in the classified civil service of the City of Lackawanna. They had been appointed to those posts (as police matron, police lieutenants, fire department lieutenants and fire captains) on various dates in 1945, 1947 and 1948...

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