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MTR. OF BUTIRONI v. PUTNAM CO. CIV. SERV.

29 A.D.2d 474 (1968)

In the Matter of Louis A. Butironi, Appellant, v. Putnam County Civil Service Commission et al., Respondents. New York State Civil Service Commission, Respondent

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

April 1, 1968.

Attorney(s) appearing for the Case

Leonard E. Golditch for appellant.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Murray Sylvester of counsel), for New York State Civil Service Commission, respondent.

BELDOCK, P. J., BRENNAN, RABIN and HOPKINS, JJ., concur.

BENJAMIN, J.

The issue in this appeal is the availability of discovery and inspection against the State of New York in an action to which it is not a party.

Petitioner brought this proceeding pursuant to article 78 of the CPLR against the Putnam County Civil Service Commission and the Town Board of the Town of Carmel to compel his certification and payment of salary as a Lieutenant of the Police Department...

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