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MTR. OF BOLING v. ROCKEFELLER

52 Misc.2d 745 (1967)

In the Matter of Robert L. Boling, Petitioner, v. Nelson A. Rockefeller, as Commander in Chief of the Air National Guard of New York, et al., Respondents. In the Matter of William F. Dunphy, Petitioner, v. Nelson A. Rockefeller, as Commander in Chief of the Air National Guard of New York, et al., Respondents. In the Matter of John F. Halla, Petitioner, v. Nelson A. Rockefeller, as Commander in Chief of the Air National Guard of New York, et al., Respondents. In the Matter of Leo J. Keating, Petitioner, v. Nelson A. Rockefeller, as Commander in Chief of the Air National Guard of New York, et al., Respondents.

Supreme Court, Erie County.

January 25, 1967

Attorney(s) appearing for the Case

Phillips, Lytle, Yorkey, Letchworth, Hitchcock & Blaine (John R. Lytle and Peter B. Schrier of counsel), for petitioners. Louis J. Lefkowitz, Attorney-General (Richard Jenczka of counsel), for respondents. Carson Leonard in person.

GILBERT H. KING, J.

Petitioners brought these proceedings pursuant to article 78 of the CPLR for a judgment of this court directing the respondents to reinstate them as members in the Air National Guard of New York, to reinstate them as civilian air technicians and to award them back pay.

Petitioners were, for periods ranging from 3 to 16 years, members in good standing of the Air National Guard of the State of

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