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MTR. OF BURMASTER v. N. Y. S. CIVIL SERV.

28 Misc.2d 1086 (1961)

In the Matter of Arthur R. Burmaster, Petitioner, v. New York State Department of Civil Service et al., Respondents. (And Seven Other Proceedings.)

Supreme Court, Special Term, Albany County.

September 7, 1961

Attorney(s) appearing for the Case

Philip G. Coffey for petitioners. Louis J. Lefkowitz, Attorney-General (Robert W. Imrie of counsel), for New York State Department of Civil Service and others, respondents. John W. Hacker, Corporation Counsel, for the Municipal Civil Service Commission of the City of Albany and others, respondents.

RUSSELL G. HUNT, J.

These are article 78 (Civ. Prac. Act) proceedings to restrain the State Civil Service Commission from proceeding with its intention to rescind, pursuant to section 25 of the Civil Service Law, the petitioners' eligibilities and appointments to the positions they now hold in the City of Albany Police Department, on the ground that the commission is acting in excess of its jurisdiction.

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