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MATTER OF CLARE v. SILVER

4 N.Y.2d 107 (1958)

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

Court of Appeals of the State of New York.

Decided March 27, 1958.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Daniel M. Cohen, John R. Davison and Irving L. Rollins of counsel), for Alexander A. Falk and others, appellants.

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

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

James F. Ryan for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL and BURKE concur.

VAN VOORHIS, J.

Respondent is an honorably discharged veteran having served in the First World War. In 1942 he was appointed by the District Attorney of Kings County to the position of county detective. This office is created in the Counties of Bronx and Kings and its powers defined by section 938 of the County Law. In 1954, at the time of a classification by the State Civil Service Commission of the positions...

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