MTR. OF CONLON v. McCOY


27 A.D.2d 280 (1967)

In the Matter of James P. Conlon et al., in Behalf of Themselves and All Others Similarly Situated, Appellants, v. Thomas F. McCoy, as State Administrator of The Administrative Board of the Judicial Conference of the State of New York, Respondent; Samuel Lobell et al., Intervenors

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

March 28, 1967.


Attorney(s) appearing for the Case

Charles Haydon of counsel (Dublirer & Haydon, attorneys), for appellants.

Lawrence N. Marcus for respondent.

Morris Weissberg for intervenors.

McNALLY and STALEY, JR., JJ., concur with STEUER, J. P.; TILZER, J., dissents in part in opinion in which RABIN, J., concurs.


STEUER, J. P.

This appeal, an article 78 proceeding against the State Administrator and the Administrative Board of the Judicial Conference, concerns two examinations. One is for the position of Assistant Court Clerk and the other for Senior Court Officer. As to the first, we agree with the conclusion and reasons stated in the opinion of SILVERMAN, J., below, and so much of the order is accordingly affirmed....

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