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MATTER OF MURPHY v. LARKIN

20 A.D.2d 595 (1963)

In the Matter of Vernon Murphy, Appellant, v. Leo A. Larkin, as Corporation Counsel of The City of New York, et al., Constituting The City Civil Service Commission of The City of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 20, 1963

Upon the prior appeal (17 A.D.2d 87), we expressed our "conclusion that petitioner was lawfully appointed to a permanent position in the competitive class" (p. 90) and while our opinion admitted the possibility of a determination that "petitioner's appointment should be in the noncompetitive class" (p. 91), in this case the distinction is not important if petitioner was a deputy, as Special Term...

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