MATTER OF AMKRAUT v. HULTS


21 A.D.2d 260 (1964)

In the Matter of Sidney Amkraut, Respondent, v. William S. Hults, as Commissioner of The Department of Motor Vehicles of the State of New York, Appellant

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

June 2, 1964.


Attorney(s) appearing for the Case

Philip Weinberg of counsel (Samuel A. Hirshowitz with him on the brief; Louis J. Lefkowitz, Attorney-General), for appellant.

Morris Weissberg for respondent.

BREITEL, J. P., EAGER and STEUER, JJ., concur with STEVENS, J.; McNALLY, J., dissents in opinion.


STEVENS, J.

Judgment appealed from affirmed, without costs to either party. Subdivision 3 of section 75 of the Civil Service Law, insofar as pertinent, provides "[p]ending the hearing and determination of charges of incompetency or misconduct, the officer or employee against whom such charges have been preferred may be suspended without pay for a period not exceeding thirty days." The statute thereafter provides...

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