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MATTER OF WEBER v. LANG

11 N.Y.2d 997 (1962)

In the Matter of Ewald Weber et al., Respondents, v. Theodore H. Lang et al., Constituting the Department of Personnel, Civil Service Commission of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided May 17, 1962.

Attorney(s) appearing for the Case

Leo A. Larkin, Corporation Counsel (Beatrice Shainswit and Seymour B. Quel of counsel), for appellants.

Samuel Resnicoff for respondents.

Charles F. Murphy for Association of Reclassified Employees in the Civil Service of the City of New York, amicus curiae.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE. Judge FOSTER dissents in the following opinion.

Order affirmed, with costs, upon the Per Curiam opinion of the Appellate Division.

FOSTER, J. (dissenting).

In this proceeding under article 78 of the Civil Practice Act, the Civil Service Commission of the City of New York and the Comptroller appeal as of right from an order of the Appellate Division, First Department, which reversed on the law an order of Special Term dismissing the petition herein, and granted the application of the...

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