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MATTER OF APSEL v. KAPLAN

12 A.D.2d 220 (1961)

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

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

January 25, 1961.

Attorney(s) appearing for the Case

Samuel Resnicoff for appellants.

Louis J. Lefkowitz, Attorney-General (Milton Kaplan and Paxton Blair of counsel), for respondents.

BERGAN, P. J., COON, GIBSON, HERLIHY and REYNOLDS, JJ., concur.

Per Curiam.

All of petitioners except Mahoney passed a competitive civil service examination in 1949 for the position of pari-mutuel examiner in the classified service; and Mahoney passed an examination for this position in 1954. All were first appointed to the position in various years from 1950 to 1954; the appointments of all but Mahoney being based on the 1949 list. It has been shown that there are two groups of...

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