MATTER OF TURNER v. LEVITT


4 N.Y.2d 169 (1958)

In the Matter of Ralph B. Turner, Appellant, v. Arthur Levitt, as Comptroller of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 27, 1958.


Attorney(s) appearing for the Case

John T. De Graff and John J. Kelly, Jr., for appellant.

Louis J. Lefkowitz, Attorney-General (George H. Rothlauf and Paxton Blair of counsel), for respondents.

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


Per Curiam.

We agree with the Appellate Division that under former section 60 of the Civil Service Law the Comptroller was authorized within the one-year period to modify appellant's prior service certificate by disallowing prior service credit for the period during which he served as deputy town clerk. Appellant was not legally entitled to such credit since his employment did not constitute paid Government service...

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