MATTER OF BROWN v. KENNEDY


14 Misc.2d 405 (1956)

In the Matter of George W. M. Brown, Petitioner, v. William H. Kennedy, as City Manager of the City of Newburgh, et al., Respondents, and State Comptroller, as Administrative Head of the New York State Employees' Retirement System, Intervenor-Respondent.

Supreme Court, Orange County.

March 2, 1956.


Attorney(s) appearing for the Case

De Graff, Foy, Conway & Holt-Harris (John T. De Graff of counsel), for petitioner.

Henry Grusky and Isadore Shapiro for respondents.

Jacob K. Javits (Milton Alpert of counsel), for intervenor-respondent.


ARTHUR D. BRENNAN, J.

In this proceeding under article 78 of the Civil Practice Act, the petitioner seeks, among other things, to compel the defendants, officers of the City of Newburgh, to reinstate him to his position of chief of the Fire Department of the City of Newburgh.

The parties have agreed that no question of fact is presented herein as all of the material facts are undisputed and that the...

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