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MATTER OF ADLER v. LANG

21 A.D.2d 107 (1964)

In the Matter of Martin J. Adler, Petitioner, v. Theodore H. Lang et al., as Commissioners of the Civil Service Commission of The City of New York, Respondents

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

April 21, 1964.

Attorney(s) appearing for the Case

Robert J. Mozer of counsel (Harold, Luca, Persky & Mozer, attorneys), for petitioner.

George H. P. Dwight of counsel (Seymour B. Quel with him on the brief; Leo A. Larkin, Corporation Counsel, attorney), for respondents.

BOTEIN, P. J., and BREITEL, J., concur with VALENTE, J.; EAGER and STEUER, JJ., concur in result in separate opinions.

VALENTE, J.

This is an article 78 proceeding which was transferred to this court pursuant to subdivision (g) of 7804 Civil Practice Law and Rules. Petitioner seeks to review a determination of the Civil Service Commission of the City of New York (Commission) denying his appeal from the determination of the Personnel Director of the City of New York which marked him "not qualified" for the position of assistant...

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