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MATTER OF SUFFOLK COUNTY v. NEW YORK STATE CIVIL SERV. COMM'N

31 A.D.2d 549 (1968)

In the Matter of Suffolk County et al., Appellants, v. New York State Civil Service Commission, Respondent

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

November 25, 1968

No opinion.

Martuscello, J., dissents and votes to reverse the judgment and to grant the petition, with the following memorandum:

In this CPLR article 78 proceeding, petitioners appeal from the dismissal, on the merits, of their petition wherein inter alia they sought a judgment directing respondent to approve a rule of the Suffolk County Civil Service Commission which would place the Director of the Department of Fire Safety in the unclassified...

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