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MTR. OF DI MAGGIO v. LINDSAY

53 Misc.2d 209 (1967)

In the Matter of Anthony Di Maggio, Petitioner, v. John V. Lindsay, as Mayor of the City of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

March 13, 1967

Attorney(s) appearing for the Case

Anthony Di Maggio, petitioner in person. J. Lee Rankin, Corporation Counsel (Albert Cooper of counsel), for respondents. Delson & Gordon (Ernest Fleischman of counsel), for Social Service Employees Union, amicus curia. Louis E. Yavner for Local 237 I. B. T., amicus curia. Morris Weissberg for Uniformed Sanitationmen's Assn., amicus curia.

IRVING H. SAYPOL, J.

Once again, a recurrent sore on the municipal escutcheon, in the past resisted by government, although with equivocal, sometimes reluctant opposition, but now twisted finally to official yielding and submission. The theme is abandonment of the rule of law for submission to expediency — which no court can condone, let alone accept.

The petitioner Di Maggio sues for an order (CPLR art. 78, §§ 7801, 7803, subd...

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