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MATTER OF COHEN v. SCHECHTER

11 A.D.2d 758 (1960)

In the Matter of Alex Cohen et al., Appellants, and Kevin J. O'Leary et al., Petitioners, v. Joseph Schechter et al., Constituting The Department of Personnel and the Civil Service Commission of the City of New York, Respondents

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

July 5, 1960

Order, dated February 5, 1959, dismissing petition to review determination of Civil Service Commission unanimously reversed on the law and on the facts, without costs, and the matter remitted to Special Term for trial pursuant to section 1295 of the Civil Practice Act on the issues presented.

In this proceeding under article 78 of the Civil Practice Act, petitioners, who took a promotion examination for the position of Captain in the Police Department, claim that...

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