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MATTER OF McDERMOTT v. JOHNSON

2 N.Y.2d 608 (1957)

In the Matter of Wilbur McDermott et al., Respondents, v. John Johnson, as Superintendent of the Department of Public Works of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided April 11, 1957.

Attorney(s) appearing for the Case

Jack Goodman and Saul C. Corwin for appellant.

William V. Gough for respondents.

CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS, JJ., concur in Per Curiam opinion; BURKE, J., dissents in an opinion.

Per Curiam.

In this article 78 proceeding to compel the reinstatement of former seasonal barge canal employees of the Department of Public Works, the original petition was dismissed upon the ground that the proceeding was untimely brought, with leave, however, to amend. The amended petition alleges that when they asked to be allowed to resume work on April 1, 1955, each was advised "by the person in charge, that he...

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