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MATTER OF EDELMAN v. BAUMGARTNER

23 Misc.2d 344 (1960)

In the Matter of Herbert Edelman, as President of New York City Department of Health Employees, Local 768, District Council No. 37, American Federation of State, County and Municipal Employees' Union, AFL-CIO, in Behalf of the Union, and its Members, Petitioners, v. Leona Baumgartner, as Commissioner of the Department of Health of the City of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

January 10, 1960.

Attorney(s) appearing for the Case

Harold, Luca, Persky & Mozer for petitioners.

Charles H. Tenney, Corporation Counsel (Eli Kramer of counsel), for respondents.

Samuel Resnicoff for intervenors-respondents.

JACOB MARKOWITZ, J.

This is a proceeding, pursuant to article 78 of the Civil Practice Act, to restrain respondent, the Commissioner of Health, from regularly, recurrently and permanently designating Public Health Sanitarians from working in allegedly "out-of-title work in the duties of Senior Public Health Sanitarians", and for incidental relief.

As the result of a reclassification of civil service positions, pursuant to the Career and Salary...

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