MATTER OF DE PERNO v. DULAN


9 N.Y.2d 433 (1961)

In the Matter of Rocco F. De Perno, Appellant, v. Frank Dulan, as Mayor of the City of Utica, Respondent.

Court of Appeals of the State of New York.

Decided March 30, 1961.


Attorney(s) appearing for the Case

John R. Davison and Peter P. Paravati for appellant.

Lawrence A. Tumposky, Corporation Counsel, for respondent.

Judges DYE, FULD, VAN VOORHIS, BURKE and FOSTER concur with Judge FROESSEL; Chief Judge DESMOND concurs in a separate opinion.


FROESSEL, J.

Petitioner was appointed to the Municipal Civil Service Commission of the City of Utica on June 1, 1956, and was thereafter elected chairman of said commission (of three members) on June 30, 1956. He served continuously as such member and chairman until his removal by respondent on January 14, 1960. Throughout this period petitioner was president of Local 182 of the Teamsters, Chauffeurs, Warehousemen...

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