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MATTER OF ERIKSON v. HELFAND

1 A.D.2d 59 (1955)

In the Matter of Albin E. Erikson, Respondent, v. Julius Helfand et al., Constituting The Athletic Commission of the State of New York, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 23, 1955.

Attorney(s) appearing for the Case

Jacob K. Javits, Attorney-General (George H. Rothlauf and James O. Moore, Jr. of counsel), for appellants.

James F. Ryan for respondent.

BERGAN and COON, JJ., concur with ZELLER, J.; HALPERN, J., dissents in an opinion, in which FOSTER, P. J., concurs.

ZELLER, J.

On March 13, 1953, petitioner-respondent, an honorably discharged veteran of World War I, was appointed a deputy commissioner of the State Athletic Commission. On April 30, 1955, petitioner-respondent was removed from his position by the State Athletic Commission without being charged with incompetency or misconduct and without a hearing. Claiming that this removal was illegal by reason of his veteran...

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