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MATTER OF MOTTO v. LANG

13 A.D.2d 951 (1961)

In the Matter of Gabriel R. Motto, Appellant, v. Theodore H. Lang et al., Constituting The Department of Personnel, Civil Service Commission, City of New York, et al., Respondents

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

June 27, 1961

Order entered on January 17, 1961, dismissing the petition, reversed on the law, without costs, and matter remitted to Special Term for a hearing in accordance with this memorandum.

The challenged appointments may only be sustained if it be demonstrated that the appointees were performing, prior to reclassification, the duties encompassed by their new title (Matter of Mandle v. Brown, 5 N.Y.2d 51, 65). This record is inadequate...

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