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MATTER OF CAPARCO v. KAPLAN

36 Misc.2d 653 (1962)

In the Matter of William A. Caparco et al., Constituting the Municipal Civil Service Commission of the City of Rochester, Petitioners, v. H. Eliot Kaplan et al., Constituting the New York State Civil Service Commission, et al., Respondents.

Supreme Court, Special Term, Albany County.

November 5, 1962

Attorney(s) appearing for the Case

Arthur B. Curran, Jr., Corporation Counsel (Jack Goodman of counsel), for petitioners. Louis J. Lefkowitz, Attorney-General (Latimer B. Senior of counsel), for New York State Civil Service Commission, respondent. Leo T. Minton, Monroe County Legal Adviser (Raymond H. Schwartz of counsel), for Monroe County Civil Service Commission, respondent.

LAWRENCE H. COOKE, J.

Petitioners, contending that they are the duly appointed members of the Civil Service Commission of the City of Rochester, institute this article 78 proceeding for an order "(a) compelling the respondent, the State Civil Service Commission, to accept the Rules of the Municipal Service Commission of the City of Rochester adopted by said Commission on the 5th day of April, 1962, and (b)...

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