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MATTER OF HAYWARD v. CORNELIUS

30 A.D.2d 901 (1968)

In the Matter of Wilbert W. Hayward, Respondent, v. Arthur Cornelius, Jr., as Former Superintendent of the Division of State Police, Appellant

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

July 22, 1968

Per Curiam.

Petitioner's two telephone messages constituted an "explanation" within the meaning of the Rules for the Classified Service (4 NYCRR 5.3 [d]) and the question whether the explanation was true or false is not the issue now before us. (See Matter of Dunn v. Simon, 16 A.D.2d 719, 720, mot. for lv. to app. den. 11 N.Y.2d 646.) Petitioner took no cross appeal and cannot well complain that Special Term granted...

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