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MATTER OF SHEA v. FALK

10 A.D.2d 142 (1960)

In the Matter of William J. Shea et al., Respondents, v. Alexander A. Falk et al., Constituting The Civil Service Commission of the State of New York, et al., Appellants

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

March 18, 1960.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Paxton Blair and George H. Rothlauf of counsel), for appellants.

Rogge, Zucker, Fabricant & Gordon (Murray A. Gordon of counsel), for respondents.

BERGAN, P. J., GIBSON, HERLIHY and REYNOLDS, JJ., concur.

COON, J.

Pursuant to what is now article XI of the Civil Service Law, the State of New York has set up a State Health Insurance Program. The sole issue on this appeal is the eligibility of the petitioners to enroll and participate in such program, and determinative of that issue is a construction of subdivision 1 of section 163 of the Civil Service Law, which reads: "All persons in the service of the state, whether...

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