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  5. 22 A.D.2d 234 (1964)
 

MATTER OF DOLAN v. KRONE

22 A.D.2d 234 (1964)

In the Matter of Andrew Dolan et al., Appellants, v. Mary G. Krone et al., Constituting The Civil Service Commission of the State of New York, Respondents

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

December 18, 1964.

Attorney(s) appearing for the Case

Arthur Horn, appellant in person, and for Andrew Dolan and others, appellants.

Louis J. Lefkowitz, Attorney-General (Joseph J. Rose of counsel), for respondents.

GIBSON, P. J., TAYLOR and AULISI, JJ., concur with REYNOLDS, J.; HERLIHY, J., dissents and votes to annul, in an opinion.

REYNOLDS, J.

This is an appeal from an order of the Supreme Court, Albany County, dismissing appellants' petition in a proceeding brought pursuant to article 78 of the CPLR to compel the Civil Service Commission to grant them credit for an answer given on a competitive promotional examination.

The 17 appellants took competitive civil service examinations for the posts of Deputy Clerk or Assistant Deputy...

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