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MTR. OF LAWSON v. CORNELIUS

35 Misc.2d 816 (1962)

In the Matter of John J. Lawson, Petitioner, v. Arthur Cornelius, Jr., as Superintendent of the New York State Police, Respondent.

Supreme Court, Special Term, Albany County.

September 6, 1962

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Paxton Blair and William C. Robbins of counsel), for respondent. Henry Hirschberg and Lloyd L. Rosenthal for petitioner.

LAWRENCE H. COOKE, J.

In this proceeding instituted under article 78 of the Civil Practice Act, petitioner, a member of the New York State Police, applies for an order restoring him "to the rank of Captain in the New York State Police as enjoyed by him on and prior to July 17, 1962". On the return day of the order to show cause, respondent did not answer but filed a notice of objections in point of law and moved for an order dismissing the petition pursuant...

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