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SCHWARTZ v. LUBIN

6 A.D.2d 108 (1958)

Lillie Schwartz, Respondent, v. Isador Lubin, as Industrial Commissioner of The State of New York, Appellant

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

July 1, 1958.

Attorney(s) appearing for the Case

Samuel A. Hirshowitz of counsel (Paxton Blair and Hyman Amsel with him on the brief; Louis J. Lefkowitz, Attorney-General, attorney), for appellant.

Joseph M. Schwartz for respondent.

BREITEL, J. P., VALENTE, STEVENS and BERGAN, JJ., concur.

M. M. FRANK, J.

This cause for injunctive relief requires us to determine whether the Supreme Court of this State has the inherent equitable power to enjoin the State Industrial Commissioner from destroying certain records now in the possession of his department.

The plaintiff, a civil service employee in the New York State Department of Labor, is now on departmental trial upon charges, which, if established...

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