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MATTER OF GALLO v. KENNEDY

4 A.D.2d 505 (1957)

In the Matter of Vincent J. Gallo, Respondent, v. Stephen P. Kennedy, as Police Commissioner of The City of New York, et al., Appellants

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

November 6, 1957.

Attorney(s) appearing for the Case

Henry J. Shields of counsel (Seymour B. Quel with him on the brief; Peter Campbell Brown, Corporation Counsel), for appellants.

Samuel Resnicoff for respondent.

BOTEIN, J. P., RABIN, FRANK, McNALLY and BASTOW, JJ., concur.

Per Curiam.

The police commissioner of the City of New York discontinued petitioner's services as probationary patrolman effective March 6, 1953. The action of the police commissioner was taken on the ground that the Civil Service Commission had marked petitioner not qualified on the eligible list from which he had been appointed as probationary patrolman on October 1, 1952, subject to investigation of his medical qualifications...

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