MATTER OF FLATER v. McNULTY


21 Misc.2d 757 (1960)

In the Matter of James W. Flater et al., Petitioners, v. John J. McNulty et al., Respondents.

Supreme Court, Special Term, Albany County.

April 15, 1960.


Attorney(s) appearing for the Case

Sneeringer & Rowley (Howard Alpert of counsel), for petitioners.

John H. Pennock, County Attorney, for Albany County Civil Service Commission, respondent.

Louis J. Lefkowitz, Attorney-General (Herbert H. Smith of counsel), for New York State Civil Service Commission.

Robert P. Heywood for Town of Colonie.


ROSCOE V. ELSWORTH, J.

On October 11, 1954 the Albany County Civil Service Commission adopted a civil service classification plan that applied to the towns situated in Albany County. To meet the problem presented by the many employees whose positions had been allocated to the classified civil service, the commission on February 11, 1955 adopted a resolution providing that the incumbents in positions for a period of not less than one year immediately prior...

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