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MATTER OF WEISZ v. OSWALD

28 Misc.2d 339 (1961)

In the Matter of Jack Weisz, on Behalf of Himself and Others Similarly Situated, Petitioner, v. Russell G. Oswald, as Chairman of the Division of Parole of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

January 27, 1961

Attorney(s) appearing for the Case

De Graff, Foy, Conway and Holt-Harris (Harry W. Albright, Jr., Harold L. Hertzstein and John T. De Graff, of counsel), for petitioner. Louis J. Lefkowitz, Attorney-General (Arthur W. Mattson and Charles S. Webb of counsel), for respondents.

ROSCOE V. ELSWORTH, J.

This is an article 78 (Civ. Prac. Act) proceeding initiated because parole officers of the State of New York are working more than 40 hours per week without overtime or compensatory time off. Section 134 of the Civil Service Law establishes a basic work week of 40 hours for State employees and authorizes the Director of the Budget to promulgate rules and regulations for carrying out the...

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