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MATTER OF DEVENS v. GOKEY

12 A.D.2d 135 (1961)

In the Matter of Harry Devens, Respondent, v. Neil Gokey, as Commissioner of Public Safety of The City of Oswego, et al., Appellants

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

January 5, 1961.

Attorney(s) appearing for the Case

Thomas F. Zaia for appellants.

Leyden E. Brown for respondent.

Present — BASTOW, J. P., GOLDMAN, HALPERN, McCLUSKY and HENRY, JJ.

Per Curiam.

This is a proceeding under article 78 of the Civil Practice Act in the nature of mandamus, seeking to compel the Commissioner of Public Safety of the City of Oswego to reinstate the petitioner as a fireman in the employ of the city pursuant to section 207-a of the General Municipal Law. The petitioner was injured during the course of his employment. The record indicates he was misled by statements of the...

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