MATTER OF BADMAN v. FALK


4 A.D.2d 149 (1957)

In the Matter of Clarence K. Badman, Respondent-Appellant, v. Alexander A. Falk, as President of the Department of Civil Service and Civil Service Commissioner of The State of New York, et al., Appellants-Respondents

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

June 13, 1957.


Attorney(s) appearing for the Case

John J. Kelly, Jr., and John T. DeGraff for respondent-appellant.

Jack Goodman for Sharon J. Mauhs, Commissioner of Conservation of the State of New York, appellant-respondent.

BERGAN, HALPERN and GIBSON, JJ., concur.


FOSTER, P. J.

Respondent Conservation Commissioner appeals from an order of the Supreme Court which denied his motion to dismiss the petition herein and directed a trial of alleged issues of fact, petitioner cross-appeals from that portion of the order which directs a trial.

The proceeding is one under article 78 of the Civil Practice Act which sought a peremptory order directing the reinstatement of petitioner...

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