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MATTER OF ROCHE v. WAGNER

34 Misc.2d 920 (1962)

In the Matter of James Roche et al., Petitioners, v. Robert F. Wagner, as Mayor of the City of New York, et al., Respondents, and Jacob Goldman et al., Intervenors-Respondents. In the Matter of George F. Niebling et al., Petitioners, v. Robert F. Wagner, as Mayor of the City of New York, et al., Respondents, and Jacob Goldman et al., Intervenors-Respondents.

Supreme Court, Special and Trial Term, New York County.

June 6, 1962

Attorney(s) appearing for the Case

Charles F. Murphy for James Roche and others, petitioners. Harold, Luca, Persky & Mozer (Robert J. Mozer of counsel), for Jacob Goldman and others, intervenors-respondents. Leo A. Larkin, Corporation Counsel (Albert Cooper of counsel), for respondents.

ABRAHAM N. GELLER, J.

The question for determination in these two proceedings tried jointly is whether the reclassification under the Career and Salary Plan of petitioners — 14 Supervisors of Park Operations — to the position of Assistant Park Directors represented in effect an attempted validation of prior invalid "out-of-title" work.

The Board of Estimate and the city agencies which administer...

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