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MATTER OF TOWN OF BABYLON v. STENGEL

43 Misc.2d 196 (1964)

In the Matter of Town of Babylon, Petitioner, v. George Stengel et al., Respondents.

Supreme Court, Special Term, Suffolk County.

April 22, 1964

Attorney(s) appearing for the Case

Joseph P. Pfingst for petitioner. George W. Percy, Jr., County Attorney, for Suffolk County Civil Service Commission, respondent. Louis J. Lefkowitz, Attorney-General, for New York State Civil Service Commission, respondent.

HENRY TASKER, J.

Petitioner Town of Babylon brings this proceeding under CPLR article 78 to compel respondent Suffolk County Civil Service Commission to jurisdictionally classify the position of Assistant Public Welfare Officer of the Town of Babylon in the exempt class of the classified civil service, rather than in the competitive class. Respondent New York State Civil Service Commission is a nominal party...

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