Petitioner was appointed without a competitive examination to the classified position of Field Representative (Rescue) in the former Division of Safety, in the Executive Department of the State of New York. He was summarily removed on March 31, 1959. He instituted proceedings under article 78 to review his removal and on October 1, 1959, the Supreme Court, Albany County, ordered his reinstatement with back pay on the grounds that his position...
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