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MATTER OF BEHRINGER v. PARISI

6 A.D.2d 188 (1958)

In the Matter of Lee J. Behringer, Respondent, v. Angela R. Parisi, as Chairman of The Workmen's Compensation Board of the State of New York, Appellant, et al., Respondents

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

July 3, 1958.

Attorney(s) appearing for the Case

Jack Goodman for appellant.

John J. Kelly, Jr., for Lee J. Behringer, respondent.

COON, GIBSON and REYNOLDS, JJ., concur with HERLIHY, J.; BERGAN, J. P., dissents, in an opinion, and votes to reverse the order and direct a hearing at Special Term.

HERLIHY, J.

This is an article 78 proceeding in the nature of mandamus wherein the petitioner, Lee J. Behringer, seeks an affirmance of an order of the lower court directing his reinstatement to the position of district administrator of the Albany District of the Workmen's Compensation Board. The order of the lower court further provided that he be paid his back salary according to law.

The said proceeding...

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