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MATTER OF CLARE v. SILVER

3 A.D.2d 369 (1957)

In the Matter of Philip J. Clare, Respondent, v. Edward S. Silver, as District Attorney of Kings County, et al., Appellants

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

March 25, 1957.

Attorney(s) appearing for the Case

Jacob K. Javits, Attorney-General (Irving L. Rollins, James O. Moore, Jr., Samuel A. Hirshowitz and Arthur B. Spielberg of counsel), for Civil Service Commission, appellant.

Edward S. Silver, District Attorney, in person, (Aaron Nussbaum of counsel), for District Attorney, appellant.

Peter Campbell Brown, Corporation Counsel (Anthony Curreri and Seymour B. Quel of counsel), for Abraham D. Beame, as budget director, appellant.

James F. Ryan for respondent.

UGHETTA and KLEINFELD, JJ., concur with MURPHY, J.; NOLAN, P. J., dissents and votes to reverse the order and to dismiss the proceeding, in opinion in which WENZEL, J., concurs.

MURPHY, J.

Respondent, an honorably discharged soldier within the purview of section 22 of the Civil Service Law, has instituted this proceeding pursuant to article 78 of the Civil Practice Act, to compel reinstatement to his position as county detective under its present reclassified title of detective investigator in the office of the District Attorney of Kings County. Appellants are the District Attorney, the...

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