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MATTER OF NIEBLING v. WAGNER

18 A.D.2d 647 (1962)

In the Matter of George F. Niebling et al., Appellants, v. Robert F. Wagner et al., Constituting The Board of Estimate of the City of New York, et al., Respondents, and Jacob Goldman et al., Intervenors-Respondents In the Matter of James Roche et al., Appellants, v. Robert F. Wagner et al., Constituting The Board of Estimate of the City of New York, et al., Respondents, and Jacob Goldman et al., Intervenors-Respondents

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

December 18, 1962

Final orders entered July 16, 1962, dismissing the petitions in article 78 proceedings, affirmed, with $20 costs and disbursements to the respondents, on the opinion of Mr. Justice GELLER.

McNALLY, J. (dissenting).

I dissent and vote to reverse the final orders and sustain the reclassification and the transfers of petitioners to the position of Assistant Park Director.

In these proceedings under article 78 of the Civil Practice Act the...

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