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MATTER OF DAUB v. COUPE

9 A.D.2d 260 (1959)

In the Matter of Arthur B. Daub, Respondent, v. Douglas C. Coupe, as Commissioner of The Division of Standards and Purchase of the State of New York, Appellant

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

November 17, 1959.

Attorney(s) appearing for the Case

Daniel M. Cohen of counsel (Norman M. Beck and Paxton Blair with him on the brief; Louis J. Lefkowitz, Attorney-General, attorney), for appellant.

Joseph Apfel for respondent.

BREITEL, J. P., RABIN, M. M. FRANK and McNALLY, JJ., concur.

STEVENS, J.

This is an appeal from a final ordered entered March 9, 1959, which directed the reinstatement of petitioner to the position of Senior Surplus Food Inspector with back pay from the date of his discharge. The appeal also brings up for review an intermediate order of November 28, 1958 which directed the trial of certain issues raised by the petition and answer.

The petitioner-respondent (herein...

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