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MATTER OF KAHN v. BECKER

27 A.D.2d 436 (1967)

In the Matter of Arthur H. Kahn, Respondent, v. Eugene M. Becker, as Director of the Budget of The City of New York, Appellant

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

May 23, 1967.

Attorney(s) appearing for the Case

Eric J. Byrne of counsel (Stanley Buchsbaum with him on the brief; J. Lee Rankin, Corporation Counsel), for appellant.

Arthur H. Kahn, respondent in person.

STEVENS, J. P., STEUER and McGIVERN, JJ., concur in Per Curiam opinion; EAGER, J., dissents in opinion, in which CAPOZZOLI, J., concurs.

Per Curiam.

Petitioner is counsel to the Board of Higher Education. His position is officially entitled Law Assistant, Grade 4, for which there is no maximum salary. On February 28, 1966, the board recommended that the petitioner's salary be increased from $17,500 to $19,350 per annum. Respondent, the Budget Director, submitted the proposal to the Mayor with the recommendation that it be not approved. And it was not. Petitioner, by this article 78 proceeding...

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