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  5. 26 A.D.2d 462 (1966)
 

MATTER OF BATES v. LANG

26 A.D.2d 462 (1966)

In the Matter of Louis J. Bates et al., Respondents, v. Theodore H. Lang et al., Constituting The Department of Personnel, Civil Service Commission of the City of New York, Appellants; Thomas D. Stewart, Jr., et al., Intervenors-Appellants

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

December 13, 1966.

Attorney(s) appearing for the Case

Patricia Zeserson of counsel (Seymour B. Quel with her on the brief; J. Lee Rankin, Corporation Counsel), for appellants.

Samuel Resnicoff for respondents.

A. Bernard King for intervenors-appellants.

BREITEL, J. P., STEUER, CAPOZZOLI and WITMER, JJ., concur.

STEVENS, J.

The respondent Civil Service Commission (Commission) and the intervenors appeal from a judgment entered March 23, 1966 which granted petitioners' application and remanded the matter to the Commission for recomputation of the performance ratings of petitioners based upon the performance ratings effective January 1, 1960 and to credit the petitioners accordingly.

The difficulty here arose because...

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