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MTR. OF PATROLMEN'S BENEV. ASSN. v. WAGNER

8 A.D.2d 369 (1959)

In the Matter of Patrolmen's Benevolent Association of the City of New York et al., Appellants, v. Robert F. Wagner, Individually and as Mayor of The City of New York, et at., Respondents

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

June 30, 1959.

Attorney(s) appearing for the Case

Mortimer B. Wolf of counsel (Charles Ballon, Harold Friedman and Hazel B. Mack; Phillips, Nizer, Benjamin, Krim & Ballon, attorneys), for appellants.

Edward A. Doberman of counsel (Seymour B. Quel with him on the brief; Charles H. Tenney, Corporation Counsel, attorney), for respondents.

John W. Condon, Jr., for Police Conference, State of New York, amicus curiæ.

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

McNALLY, J.

Petitioners appeal from an order of Special Term, in a proceeding under article 78 of the Civil Practice Act, which denied, without prejudice, an application for an order (1) annulling a determination of the respondent Commissioner of Labor of the City of New York to the effect that the grievance provisions of Executive Order No. 49 formulated by the respondent Mayor of the City of New York are not...

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