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MATTER OF MANDLE v. BROWN

4 A.D.2d 283 (1957)

In the Matter of Leroy Mandle, Respondent, v. Peter Campbell Brown, as Corporation Counsel of The City of New York, et al., Appellants

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

June 28, 1957.

Attorney(s) appearing for the Case

Andrew Bellanca of counsel (Leo A. Larkin, Seymour B. Quel and John F. Kelly with him on the brief; Peter Campbell Brown, Corporation Counsel, attorney), for appellants.

Leroy Mandle, respondent in person.

Charles F. Murphy for Association of Reclassified Employees in the Civil Service of the City of New York, amicus curiæ.

Myron Caruso for O. Lennart Rahm and another, amici curiæ.

A. Bernard King for Murray Herman and another, amici curiæ.

RABIN, VALENTE and McNALLY, JJ., concur with BREITEL, J. P.; FRANK, J., dissents and votes to reverse the order and dismiss the petition in opinion.

BREITEL, J. P.

Petitioner, an attorney in the Law Department of the City of New York, by this proceeding under article 78 of the Civil Practice Act, attacks the reclassification of some 120 (or 139) attorneys in his department.* This reclassification was part of a citywide reclassification of some 125,000 positions, a major project authorized by State legislation, resolution of the...

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