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MATTER OF BELMONT v. KAPLAN

16 A.D.2d 602 (1962)

In the Matter of John J. Belmont, Respondent, v. H. Eliot Kaplan et al., as Commissioners of The New York State Department of Civil Service, Appellants

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

July 2, 1962.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Edwin R. Oberwager and Paxton Blair of counsel), for appellants.

John F. Tierney for respondent.

WILLIAMS, P. J., HALPERN and McCLUSKY, JJ., concur; GOLDMAN, J., dissents and votes to affirm.

Per Curiam.

The State Civil Service Commission, after conducting an investigation pursuant to section 25 of the Civil Service Law, concluded that the petitioner had "improperly received or obtained answers to questions on the written test for police lieutenant" and it accordingly rescinded the petitioner's eligibility for the position of police lieutenant and directed that his name be removed from the eligibility list...

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