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MATTER OF BERKE v. SCHECHTER

5 N.Y.2d 569 (1959)

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

Court of Appeals of the State of New York.

Decided April 17, 1959.

Attorney(s) appearing for the Case

Emanuel Thebner and Abraham S. Robinson for appellant.

Charles H. Tenney, Corporation Counsel (Henry J. Shields and Seymour B. Quel of counsel), for respondents.

Judges DYE, FULD, VAN VOORHIS and BURKE concur with Judge DESMOND; Judge FROESSEL dissents and votes to modify in an opinion in which Chief Judge CONWAY concurs.

DESMOND, J.

This proceeding (Civ. Prac. Act, art. 78) was brought to review the action of the New York City Civil Service Commission in removing petitioner's name from the eligible list for appointment as patrolman, Police Department, on the ground that he had failed to show that he was a person of good character. After a trial a final order was entered which denied the application and dismissed the proceeding...

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