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MATTER OF SCHMIDTMANN v. TOFANY

50 Misc.2d 698 (1966)

In the Matter of Werner Schmidtmann, Petitioner, v. Vincent L. Tofany et al., Constituting the Town Board of the Town of Greece, et al., Respondents.

Supreme Court, Monroe County.

June 1, 1966

Attorney(s) appearing for the Case

Moser, Johnson & Reif (Samuel G. Brundage of counsel), for petitioner. Leo T. Sawyko for Vincent L. Tofany and others, respondents. Leo T. Minton (William R. Baxter of counsel), for Monroe County Civil Service Commission, respondent. Easton, Wagner & Bittker (William E. Easton of counsel), for Glenn R. Goodno, respondent.

MARSHALL E. LIVINGSTON, J.

This is an article 78 CPLR proceeding in the nature of mandamus brought by the petitioner, Werner Schmidtmann, a member of the Police Department of the Town of Greece, to set aside the appointment of respondent Glenn R. Goodno as a Police Lieutenant of the Town of Greece Police Department.

Respondent Goodno was appointed to the position of Lieutenant by the Greece Town Board on July 7, 1964, as the result of a

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