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MATTER OF PURCELL v. KAPLAN

12 N.Y.2d 252 (1963)

In the Matter of John J. Purcell, Appellant, v. H. Eliot Kaplan et al., Constituting the State Civil Service Commission, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 28, 1963.

Attorney(s) appearing for the Case

John T. De Graff and Harry W. Albright, Jr., for appellant.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Paxton Blair of counsel), for respondents.

Judges VAN VOORHIS, BURKE, FOSTER and SCILEPPI concur with Judge DYE; Judge FULD dissents in an opinion in which Chief Judge DESMOND concurs.

DYE, J.

This article 78 proceeding was brought by this petitioner in behalf of himself and others similarly situated for an order in the nature of mandamus directing the defendants to classify the incumbents of certain named positions (Director of Miscellaneous Taxes, Director of Corporation Tax, Director of Income Tax, Director of Motor Vehicle Inspection, and Confidential...

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