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MATTER OF WIRZBERGER v. WATSON

305 N.Y. 507 (1953)

In the Matter of Charles Wirzberger et al., Respondents, v. James S. Watson et al., Constituting The Municipal Civil Service Commission of the City of New York, Appellants. In the Matter of Charles W. Fie et al., Respondents, against James S. Watson et al., Constituting The Municipal Civil Service Commission of the City of New York, Appellants.

Court of Appeals of the State of New York.

Decided July 14, 1953

Attorney(s) appearing for the Case

Denis M. Hurley, Corporation Counsel (Andrew Bellanca and Seymour B. Quel of counsel), for appellants.

Samuel Resnicoff for respondents.

CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur; VAN VOORHIS, J., taking no part.

LEWIS, Ch. J.

Two consolidated proceedings pursuant to article 78 of the Civil Practice Act are here involved, of which one will be referred to as the Wirzberger proceeding and the other as the Fie proceeding. In the Wirzberger proceeding the petitioners are employed by the City of New York as junior accountants in the accounting service and junior statisticians in the statistical and actuarial...

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