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MATTER OF FRIED v. KAPLAN

55 Misc.2d 894 (1962)

In the Matter of Morton Fried, Petitioner, v. H. Eliot Kaplan et al., Constituting the Civil Service Commission of the State of New York, et al., Respondents. (Action No. 1.) In the Matter of Paul Blank, Petitioner, v. H. Eliot Kaplan et al., Constituting the Civil Service Commission of the State of New York, et al., Respondents. (Action No. 2.)

Supreme Court, Special Term, Albany County.

February 20, 1962

Attorney(s) appearing for the Case

Bertram Bakerman for petitioner in Action No. 1. Morton Fried for petitioner in Action No. 2. Louis J. Lefkowitz, Attorney-General (William C. Robbins of counsel), for respondents in Actions Nos. 1 and 2.

KENNETH S. MacAFFER, J.

The above-entitled proceedings are brought pursuant to article 78 of the Civil Practice Act. In each proceeding the petitioner seeks identical relief. The notices of motion in each case make application for an order "restraining respondents from approving, honoring or certifying any eligible list for appointment made as a result of the promotion examination to Senior Attorney conducted...

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