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MATTER OF O'REILLY v. GRUMET

308 N.Y. 351 (1955)

In the Matter of Stephen P. O'Reilly et al., Respondents, v. Jacob Grumet, as Commissioner of The Fire Department of the City of New York, Appellant.

Court of Appeals of the State of New York.

Decided April 14, 1955

Attorney(s) appearing for the Case

Peter Campbell Brown, Corporation Counsel (Victor J. Herwitz and Seymour B. Quel of counsel), for appellant.

Murray A. Gordon, Daniel Jacobson and Bernard Jacobson for respondents.

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

DESMOND, J.

In this article 78 proceeding the relief prayed for was denied at Special Term but petitioners appealed to the Appellate Division, First Department, which reversed and granted the prayer of the petition. Petitioners are captains in the fire department of the city of New York, suing on their own behalf and on behalf of others similarly situated. Each petitioner, as the result of a competitive civil...

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