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MTR. OF PROTNICKI v. DEPT. OF CIV. SERV.

28 Misc.2d 1022 (1961)

In the Matter of Walter Protnicki, Petitioner, v. New York State Department of Civil Service et al., Respondents. In the Matter of Anthony Venditti et al., Petitioners, v. New York State Department of Civil Service et al., Respondents. In the Matter of Adolph Jegier, Petitioner, v. New York State Department of Civil Service et al., Respondents.

Supreme Court, Special Term, Schenectady County.

April 29, 1961

Attorney(s) appearing for the Case

Etkin, Egan & Stark (Davis M. Etkin of counsel), for petitioners. Louis J. Lefkowitz, Attorney-General (Herbert J. Smith of counsel), for respondents. Kelsie E. Mead, County Attorney (Anthony P. Lucas of counsel), for Schenectady County Municipal Civil Service Commission, amicus curiæ. Charles Ward Brown, Corporation Counsel (Neil W. Moynihan of counsel), for City of Schenectady, amicus curiæ. Amedeo H. Volpe for certain firemen, amicus curiæ.

CHARLES M. HUGHES, J.

The above-entitled proceedings were commenced by the petitioners by the service of a petition and an order to show cause upon the respondents, constituting the New York State Department of Civil Service, on the grounds that the respondents acted without authority by proceeding under the present section 25 of the Civil Service Law.

The petition and the answer of the respondents reveal that in December of 1958 the New York...

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