MATTER OF BERKE v. SCHECHTER


5 A.D.2d 350 (1958)

In the Matter of Conrad L. Berke, Respondent, v. Joseph Schechter et al., Constituting The City Civil Service Commission of the City of New York, Appellants

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

April 1, 1958.


Attorney(s) appearing for the Case

Henry J. Shields of counsel (Seymour B. Quel with him on the brief; Peter Campbell Brown, Corporation Counsel, attorney), for appellants.

Emanuel Thebner of counsel (Robinson, Thebner & McLaughlin, attorneys), for respondent.

RABIN, J. P., VALENTE, McNALLY, STEVENS and BERGAN, JJ., concur.


Per Curiam.

In this article 78 proceeding the petitioner seeks to annul a determination of the Civil Service Commission striking his name from the eligible list for patrolman. A trial was granted as to a specific issue of fact. While from the opinion of the trial court it is apparent that it considered itself limited to the determination of that specific issue, it nevertheless did make a final order dismissing the...

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