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MATTER OF APSEL v. KAPLAN

21 Misc.2d 926 (1960)

In the Matter of Nathan Apsel et al., Petitioners, v. H. Eliot Kaplan et al., Constituting the New York State Department of Civil Service, et al., Respondents.

Supreme Court, Special Term, Albany County.

March 29, 1960.

Attorney(s) appearing for the Case

Samuel Resnicoff for petitioners.

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

ISADORE BOOKSTEIN, J.

Petitioners, with the exception of Mahoney, were appointed during the period 1950-1952 to seasonal pari-mutuel examiner positions at harness racing tracks in the New York City metropolitan area on a per diem salary basis. Petitioner Mahoney was appointed in 1954 to a similar seasonal position. At the time of the appointment of the petitioners, other than Mahoney, rule XIII of the Rules for the Classified Civil Service was in effect...

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