MATTER OF KAHN v. MURPHY


24 Misc.2d 1012 (1960)

In the Matter of Max Kahn, Petitioner, v. Joseph H. Murphy et al., Constituting the State Tax Commission, et al., Respondents.

Supreme Court, Special Term, Albany County.

September 8, 1960.


Attorney(s) appearing for the Case

Harold L. Herzstein for petitioner. Louis J. Lefkowitz, Attorney-General (William C. Robbins of counsel), for respondents.


HERBERT D. HAMM, J.

The petitioner received a permanent original appointment effective June 26, 1958, to the seasonal position of pari-mutuel examiner (harness racing). On July 8, 1958, the acting director of personnel of the Department of Taxation and Finance sent to the petitioner a waiver form known as PR-40 and requested that he execute and return it. Form PR-40 provided: "I hereby elect to give up my additional credits on the eligible list indicated...

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