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MATTER OF PURCELL v. KAPLAN

16 A.D.2d 281 (1962)

In the Matter of John J. Purcell, Appellant, v. H. Eliot Kaplan et al., Constituting The State Civil Service Commission, et al., Respondents

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

May 4, 1962.

Attorney(s) appearing for the Case

De Graff, Foy, Conway & Holt-Harris (John T. De Graff and Harry W. Albright, Jr., of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Paxton Blair of counsel), for respondents.

COON, GIBSON, HERLIHY and TAYLOR, JJ., concur.

BERGAN, P. J.

On July 30, 1959 petitioner Purcell occupied the position of Director of Miscellaneous Taxes in the State Department of Taxation and Finance. This position was then in the exempt class of the civil service. On that day he was removed from the position by the department; returned to his former position as Assistant Director of Miscellaneous Taxes, in the competitive class; and Gerald E. Rowley was...

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