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MATTER OF MANZI v. KAPLAN

34 Misc.2d 468 (1962)

In the Matter of Joseph Manzi, Petitioner, v. H. Eliot Kaplan et al., Constituting the New York State Civil Service Commission, et al., Respondents.

Supreme Court, Special Term, Queens County.

March 8, 1962

Attorney(s) appearing for the Case

Herman Bernard for petitioner. Louis J. Lefkowitz, Attorney-General (Herbert J. Wallenstein of counsel), for respondents.

HENRY J. LATHAM, J.

In an article 78 proceeding to set aside a determination made by the State Civil Service Commission affirming a determination of the Acting Director of Pilgrim State Hospital suspending the petitioner, without pay, for alleged misconduct, the respondents move to dismiss the petition on the ground of legal insufficiency. (See Civ. Prac. Act, § 1293; Matter of Schwab v. McElligott, 282 N.Y. 182.)

The petition in substance...

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