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MATTER OF EDELSTEIN v. GALE

5 A.D.2d 811 (1958)

In the Matter of Samuel Edelstein, Petitioner, v. Percy Gale, Jr., as Director of The Bureau of Real Estate of the Board of Estimate of the City of New York, Respondent

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

February 4, 1958

Petitioner was removed upon written notice that did not specify adequately the charges he would be called upon to answer. Furthermore, the only witness who appeared against him did not testify under oath (People ex rel. Kasschau v. Police Comrs., 155 N.Y. 40; Matter of Hecht v. Monaghan, 307 N.Y. 461). The determination of respondent is annulled, and the matter is remanded for a new hearing in accordance with statutory requirements...

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