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MATTER OF MURTHA v. MONAGHAN

1 A.D.2d 178 (1956)

In the Matter of Wilfred D. Murtha, Respondent, v. George P. Monaghan, as Commissioner of The Harness Racing Commission of the State of New York, Appellant

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

February 14, 1956.

Attorney(s) appearing for the Case

Daniel M. Cohen of counsel (James O. Moore, Jr., with him on the brief; Jacob K. Javits, Attorney-General), for appellant.

Max M. Bernstein for respondent.

BREITEL, J. P., BOTEIN, RABIN and BERGAN, JJ., concur.

BASTOW, J.

The Commissioner of Harness Racing appeals from an order directing him to accept petitioner's application for a license as a mutuel clerk and to issue such license. The petitioner is employed by the Board of Education, Union Free School District No. 23, in Nassau County, as a physical education teacher and receives an annual salary of $6,700. Between the years...

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