MATTER OF POWERS v. TAYLOR


286 A.D. 575 (1955)

In the Matter of John F. Powers, Appellant, v. Oscar M. Taylor et al., Constituting The Civil Service Commission of the State of New York, et al., Respondents

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

November 16, 1955.


Attorney(s) appearing for the Case

John T. De Graff and John J. Kelly, Jr., for appellant.

Jacob K. Javits, Attorney-General (Joseph H. Murphy and James O. Moore, Jr., of counsel), for respondents.

FOSTER, P. J., BERGAN, COON and HALPERN, JJ., concur.


ZELLER, J.

In this proceeding under article 78 of the Civil Practice Act, petitioner-appellant seeks (1) a determination that the provision of the Workmen's Compensation Law is unconstitutional which declares the positions of workmen's compensation referees to be in the exempt class of the classified civil service (L. 1950, ch. 526, § 1, amdg. Workmen's Compensation Law, § 150), and (2) an order directing...

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