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MATTER OF MALLON v. CAVANAUGH

27 Misc.2d 360 (1961)

In the Matter of Russell R. Mallon, Petitioner, v. Edward J. Cavanaugh, as Fire Commissioner of the Fire Department of the City of New York, Respondent.

Supreme Court, Special Term, New York County.

February 16, 1961

Attorney(s) appearing for the Case

Segan & Culhane for petitioner. Charles H. Tenney, Corporation Counsel (Francis J. McNamee of counsel), for respondent.

JOSEPH A. GAVAGAN, J.

In this article 78 proceeding to review a determination of the respondent Fire Commissioner, separating petitioner from his position of fireman, it is undisputed that petitioner submitted his resignation from the department on September 15, 1960 and that on the following day, he was officially notified through the proper channels that his "resignation" had not been accepted. Also undisputed...

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